By Steve I. Silverman Monday’s DBR featured an article about social media and the evidence that it might create.  Social media is proving to be a hot source for evidence in litigation.  My partner, Jason Marks, previously blogged about using social media in the family law context on the Kluger …

By Alan J. Kluger It is standard practice in Florida (and most jurisdictions) to issue a subpoena duces tecum when deposing an opponent’s expert witness, in order to obtain the documents that the expert relied upon in forming his or her opinion.    Florida’s Rules of Civil Procedure permit a …

By Steve I. Silverman  Last month, Kluger Kaplan’s ESI Group began exploring the scope of Rule 54 as it applies to the taxing of ESI discovery costs, our previous blog post can be found here.  The takeaway was that 28 U.S.C. §1920(4) should be expanded to make specific provisions for …

By Steve Silverman Rule 54 of the Federal Rules of Civil Procedure allows the prevailing party to recover its costs, other than attorney’s fees.  However, as electronic discovery becomes more of a presence in litigation, whether the staggering costs often associated with ESI can be recovered by the prevailing party …

By: Steve Silverman In the wake of the Florida Supreme Court‘s changes to the Rules of Civil Procedure to address electronic discovery, let’s look at one vastly overlooked area of discoverable ESI – hand held devices such as smartphones and tablets. In a day where every employee has a smartphone, …