You can’t always get what you want
You can’t always get what you want
You can’t always get what you want
But if you try sometimes you might find
You get what you need…

Or you may NOT! Simply wanting data in discovery and getting that data are two completely different things. Be careful that the data you are requesting is not overly burdensome and it’s truly important to the issues at hand.

(“Continue Reading…”) Continue reading »

A photo may be worth a thousand words, but that does not mean its clear and convincing evidence. While married the defendant took intimate photos and videos of the plaintiff. Upon divorce the plaintiff wanted to make sure those photos were not made public, so she got a court order forbidding them from being distributed. Now those photos and videos have reached the Internet and the plaintiff wants justice. Continue reading »

When I was a kid, every year at Hanukah, my mom had a one in one out policy for toys. If I got a new Transformer, I had to donate an old toy to Goodwill. It taught me two important lessons: always think of those less fortunate and try to keep the clutter in your home to a minimum.

My fiancé cannot bear to part with anything. About five years ago she lost weight and went from a size 14 to a size 8. Today, half of her closet is filled with clothes that are 6 sizes too big for her.

Which one would you rather have for a client? Continue reading »

As the Appellate Court in Minnesota aptly noted, the rules of civil procedure exist for a reason―they provide us with an orderly system of discovery. Do not attempt to circumvent these rules. Secret email surveillance is never a good idea.

This point was made very clear in Gates v. Wheeler. Richard Gates and Matthew Wheeler were co-owners of RSR, which was a limited liability company in Minnesota. Over time, the men’s relationship soured and this led to deadlock in their management of the company. Clearly, the time arrived for their professional relationship to end. Continue reading »

LIVE

Visit http://live.foxnews.com/ today at 1PM EST and watch eLL featured on the impact hacking has on small businesses.

At 1:20PM EST the segment will discuss the data breach that recently occurred at Epsilon, a third-party vendor who provides marketing services to many companies. Names and email addresses are powerful tools for certain types of cybercriminals known as “phishers” who use social engineering to target potential victims and lure them into exposing confidential financial information. The danger posed by such data breaches has resulted in the federal government and many states adopting data breach notification laws.

If you operate a small business, you may not be aware of your responsibilities under these laws. This begs the question: What are your responsibilities if cybercriminals hack into your company’s computer system and steal sensitive customer data?

Stay tuned, and see you at 1PM!

Again with the scandalous sex tapes? Seriously? With all the publicity surrounding leaked sex tapes coupled with the prevalence and ease of digital communication, one cannot honestly believe such a tape will remain a well kept secret. You’ll receive no sympathy on this blog for your escapades, and you’ll receive no sympathy in the Ohio court system, either.

In Davis v. Spriggs, Spriggs was suing her former husband (Davis) for posting pictures and video on an adult website after the divorce settlement, signed a few months prior, specifically prohibited such distribution. Spriggs discovered these pictures after logging into a members-only adult website which sent her enough email spam she just had to check it out. Whilst cruising the racy adult website she also discovered pictures of her ex’s new girlfriend. Continue reading »

You have to make sure everyone on your side keeps the promises you make! When you and your adversary enter into a confidentiality stipulation about the return or destruction of confidential business information you received as a result of a lawsuit, you have to make sure that you and your outside counsel fully comply with this agreement, even if it turns out to be more costly than you anticipated. This applies even to inadvertently backed-up information by your outside counsel, as it did to the Plaintiff in Oxxford Information Technology, Ltd. V. Novantas LLC. Continue reading »

In 2000, David Ronsen launched Orbit One Communications, Inc., a corporation that sold satellite communications services and manufactured tracking devices reliant on satellite technology. In 2006, Numerex Corp., another satellite communications company, initiated negotiations to acquire Orbit One. These negotiations resulted in a 2007 agreement for Numerex to acquire Orbit One’s outstanding assets. Numerex asked the three executives that were also equity owners in Orbit One, (Ronsen, Scott Rosenzweig, and Gary Naden) to continue to run Orbit One as a division of Numerex, to the tune of over $6 million in “incentives,” meaning that if certain projected earnings targets were met, they would receive “earn out” payments.

But April Fools! Big bonuses did not come as promised. Continue reading »