Archive: June 16, 2017

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NY County Addresses Technological Competence
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Storey v. Effingham County, No. 4:2015cv00149, 2017 WL 2623775 (S.D. Ga. June 16, 2017)
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Bailey v. Brookdale Univ. Hosp. Med. Ctr. (E.D.N.Y., 2017)

NY County Addresses Technological Competence

Formal Opinion 749

In February, the NY County Lawyers Association Professional Ethics Committee issued Formal Opinion 749, addressing “[a] lawyer’s ethical duty of technological competence with respect to the duty to protect a client’s confidential information from cybersecurity risk and handling e-discovery when representing clients in a litigation or government investigation.” The committee summarized its detailed analysis as follows:

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Storey v. Effingham County, No. 4:2015cv00149, 2017 WL 2623775 (S.D. Ga. June 16, 2017)

Key Insight: Spoliation of video evidence. Evidence must have existed and been in the control of a party.

Nature of Case: civil rights action

Electronic Data Involved: surveillance and taser video

Keywords: spoliation sanctions, multi-step analysis, Rule 37(e), routine retention policy.

View Case Opinion

Bailey v. Brookdale Univ. Hosp. Med. Ctr. (E.D.N.Y., 2017)

Key Insight: accessibility of data, whether counsel had meaningful discussions with his client regarding the ESI agreement, whether the meet-and-confer was meaningful

Nature of Case: employment discrimination

Electronic Data Involved: e-mail

Keywords: cost shifting, ESI agreement, meaningful negotiation, meet-and-confer, undue burden or expense

View Case Opinion

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