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Pennsylvania Supreme Court to Address Admissibility of Text Messages as Evidence

 This piece was first published on the blog From the Sidebar and is reprinted with permission. By Hayes Hunt and Michael Zabel Today, oral argument will be heard in Commonwealth v. Koch, a case in which the Pennsylvania Supreme Court is

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Posted in admissibility, admissible, Articles, cell phone, cellular phone, eDiscovery, electronic communication, evidence, instant messages, text messages

Document Preservation: Spoliation and the “Ultimate Sanction”

The proper preservation of electronic data for discovery has become an increasing source of contention between parties. Two recent cases illustrate the importance of mindfully preserving electronic data during discovery.  In Gentex Corp. v. Sutter, No. 3:07-CV-1269, 2011 U.S. Dist. LEXIS

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Posted in Articles, default, evidence, preservation, Sanctions, spoliation

When Does the Duty to Preserve Electronic Evidence Arise?

The duty to preserve electronic evidence is triggered once a party “reasonably anticipates” litigation. Silvestri v. GMC, 271 F.3d 583, 591 (4th Cir. 2001);  Pension Committee of the Univ. of Montreal Pension Plan v. Banc of Am. Securities, LLC, 685 F.

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Posted in Articles, duty, evidence, preserve

Social Media Advisor – Finding A Reason To Terminate An Employee After Already Terminating That Employee

The situation is not terribly uncommon.   You terminate an employee for failing to meet performance standards, and the employee sues the company for discrimination or wrongful discharge, claiming that the reason given by the company was truly a pretext for

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Posted in advisor, after-acquired, blog, Employment, evidence, termination, York
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