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Holiday Gatherings: How to Make Them All About e-Discovery (and You)

Tuesday, November 22, 2016   (0 Comments)
Posted by: ACEDS Marketing Team
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Extract from article by Brendan Ryan

That was then; this is now. It’s a time of an unprecedented number of precedents for mainstream interest in e-discovery. It’s a holiday season on the heels of one of the most globally sensitive and divisive US elections in history, when avoiding political topics at the table is more tempting than ever. This year, the intersection of law and technology is your dinner conversation destination.

If you’re looking for something to be thankful for, consider the cornucopia of conversation segues to e-discovery that recent history has brought us. From the follies of professional footballers to email investigations by the FBI, there’s a good chance an unwitting, fired-up family member will walk right into your trap.

Here are some triggers to listen for as you prepare your talking points, taken from a year’s worth of posts by Relativity Blog contributor David Horrigan:

From Football to Fed. R. Civ. P. 37(E)(2)

If your dinner companions happen to fall on opposing sides of the NFL game (which seems to be on in the background of every holiday gathering), or you’re a proud part of the problem of declining NFL TV ratings and couldn’t care less about the outcome, just know enough about American football to bring the conversation to New England Patriots Quarterback Tom Brady and “Deflategate.”

From there, talk about how critical his mobile phone data was to investigating his awareness of the deflated footballs that allegedly gave his team an unfair competitive advantage, and his practice of destroying old phones to protect his personal information. Soon, you’ll be educating the family on the spoliation of evidence. Instead of droning on about football, they’ll be debating the Second Circuit’s decision to uphold Tom Brady’s suspension and the importance of intent to the question of whether deliberate destruction of electronic evidence warrants an adverse inference instruction.

For the complete article from the kCura blog, click here.

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