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All digital evidence, whether emails, computer files, or text messages, comes with metadata. Metadata is nothing more than “data about data,” i.e. things your phone or computer keeps track of about a digital file. Some of the most common examples are the “last accessed date” (when a file was last opened) and its “creation date” (when a file was first created).

Great, so metadata exists. So what? I get this question all the time. Particularly from opposing counsel when I’ve demanded that he or she reproduce a set of documents with metadata, usually after he or she has already provided a PDF copy. But I’m not asking for metadata in a fit of gamesmanship or to drive up litigation costs. I do it because metadata can be as valuable as the content itself.…
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This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the posts in the series is at the end of this article.

After lawyers have collected enough information through interrogatories (written questions) and requests for production of documents, it is usually time for depositions. But what are depositions and what do you need to know about them?

What is a Deposition?

A deposition is a formal interview conducted under oath to get information that the witness knows about the case. Starting with the lawyer who wanted the deposition (sometimes referred to as the one “calling” the deposition), each party’s attorney gets to ask questions. The answers are written down by a court reporter into a transcript that can be used later.

Who Can be Deposed?

Any person can be asked to sit for a deposition, including the parties to the lawsuit and other third parties. If you are a party to the lawsuit, the other lawyer only needs to ask and send your lawyer a notice about the deposition. Third parties receive subpoenas to attend a deposition and may also be asked to bring documents with them (just like a request for production of documents). Unless something unusual happens, a person can only be deposed one time per lawsuit.…
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Copyright registration with the United States Copyright Office is a precondition to filing a copyright infringement lawsuit, however until earlier this month, there was a split as to when registration actually occurs. In Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, the United States Supreme Court unanimously held that registration occurs when the Copyright Office registers a copyright. The alternative view was that registration occurs when a copyright owners submits a proper application to the Copyright Office. Therefore, you must have a copyright registration certificate from the Copyright Office before filing a lawsuit for copyright infringement.…
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This is part one of a three-part series about data breaches and the requirements of Pennsylvania law relating to data breach notification.

If the events of the past few years are any indication, the scale and frequency of data breaches will only increase in 2019. According to Experian’s 2019 Data Breach Industry Forecast, in the first half of 2018, the number of records compromised exceeded the total number of breached records for all of 2017.

In the event of a data breach, legal compliance obligations can be daunting, particularly if your business stores personally identifiable information for residents of other states. All 50 states have data breach notification laws, each of which is slightly different. And do you store information about residents of the EU? Then you may need to worry about how the GDPR applies.…
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This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the posts in the series is at the end of this article.

The lawyers have exchanged documents setting out the claims and defenses. But before you get to trial, you get to gather evidence to support your case (and figure out what cards the other side has to play). This process is called “Discovery” and there are a few tools that can be used.

Asking Written Questions (Interrogatories and Request for Admissions)

One of the first tools your lawyer is likely to use are Interrogatories. These are written questions to the other side. The other party, helped by their lawyer, must answer the questions within 30 days (although extensions are commonly given for any type of discovery if its early in the case). Common Interrogatories include things like:

  • what witnesses might have information about this case?
  • do you have an expert witness?
  • what are your damages?

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This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the all of the posts in the series is at the tail end of this article.

So it’s time to go to the Court of Common Pleas. Whether you tried other steps first or elected to start here, today we walk through how the parties to a lawsuit lay the groundwork for their claims and defenses.

Complaint, Answer, and Reply

Both the Plaintiff and the Defendant in a lawsuit describe their claims and defenses, respectively, in documents called “pleadings.” This is just legalese for a type of court filing that describes in broad strokes what the parties’ positions will be. If all goes smoothly, you can expect this process:

  1. Filing the Complaint – The Plaintiff starts by filing a Complaint. The Complaint needs to outline the basic facts of the dispute and what the Plaintiff wants to get.
  2. Serving the Complaint -The Plaintiff serves the Complaint on the Defendant. In general, this must be done by having someone from the Sheriff’s Office hand deliver a copy of the Complaint.
  3. Checking for a Default – The Defendant must respond to the Complaint within 20 days of having a copy delivered to him or her. If he or she does not, the Plaintiff can send a warning called a “Notice of Default.” If the Defendant still does not respond, 10 days after sending the Notice of Default the Plaintiff can request a Default Judgment.
  4. Answering the Complaint – The Defendant responds to each of the numbered paragraphs in the Complaint in a document called an Answer. So paragraph 1 of the Answer responds to paragraph 1 of the Complaint, and so on.
  5. Raising New Issues – The Answer may also contain two types of statements beyond the responses to the Complaint. The first is called “New Matter,” which are new facts the Defendant thinks are important but that the Plaintiff left out. New Matter can also contain certain types of legal defenses. The second type is “Counterclaims,” which are legal claims back against the Plaintiff. Counterclaims are claims that could have been raised by the Defendant in a Complaint. But instead of having two lawsuits going at the same time, both sides’ claims are handled at once.
  6. Responding to the New Issues – If the Defendant’s Answer has New Matter or Counterclaims, the Plaintiff files his or her own response to those new statements. This responsive document is called a Reply to differentiate it from the Defendant’s

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This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of all the posts in the series is at the tail end of this article.

The litigation process often begins before actual litigation.

Wait, what?

I mean that disputes often involve exchanges before we get in front of the court system you see on TV, i.e. the Court of Common Pleas here in Pennsylvania. Today let’s look at the common things that can happen before we get to the courthouse.

The Demand Letter – Kicking it Off

Many lawsuits start with a lawyer demanding action in a letter. Commonly known as a demand letter, this document is often a final effort by a Plaintiff to resolve a dispute out of court. While this letter doesn’t start a court case, it may indicate that the Plaintiff is serious and is ready to sue. Or maybe the Plaintiff is only willing to pay for a letter, not to actually take you to court.

How can you tell? Unfortunately, there is no one-size fits all answer to this question. It depends on what’s at stake, how strong the legal claims are, and the personality of those involved. Sometimes a dispute can be settled at this stage if both parties want to avoid taking the matter before a court, or it may be necessary to proceed to the next step of litigation.  So when you receive a demand letter, it may be time to talk with your own lawyer to plan a strategy (even if that strategy is to wait and see what happens).…
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One of the most important things I do as a Litigation attorney is explain to my clients what has happened, and is likely to happen, in their lawsuit. Unfortunately, it’s all too easy to do that using abstract legal jargon as though everyone uses these terms as often as I do. So, rather than leaving you searching Google to find out what your lawyer is talking about, let’s start by going through some common legal terms in Pennsylvania lawsuits:

Who is Involved?

  • Plaintiff – The party or parties who starts a lawsuit against a
  • Defendant – The party or parties being sued by a Plaintiff. Even if both parties have claims against each other, the Plaintiff is the one who files first regardless of the size of their respective claims.
  • Litigation –The process of taking part in a lawsuit. “Litigators” are lawyers who practice Litigation.
  • MDJ – Short for Magisterial District Judge. A MDJ presides over “small claims” court in Pennsylvania for disputes worth less than $12,000 or disputes about issues like landlord/tenant claims.
  • Court of Common Pleas – The Pennsylvania court level where elected judges preside over claims. It is the step above and MDJ and can hear almost any type of claim.

What is Being Claimed?

  • Complaint – The document a Plaintiff files that usually starts a lawsuit. Its numbered paragraphs lay out the facts of the case, legal theories supporting their position, and what they want the Court to give them.
  • Answer – The document a Defendant files in response to a Complaint. It responds to each of the numbered paragraphs in a Complaint either by admitting that what the Plaintiff argues is true or denying it and explaining why it’s denied.
  • Reply – This document is how a Plaintiff responds to any new claims made by a Defendant in an Answer.
  • Default Judgment – If a Plaintiff or Defendant doesn’t respond to a Complaint or Answer in time, the other party can ask the Court to win automatically. The other party has given up by not defending themselves. (NOTE: if you get a “Notice of Default” warning you that a default may be entered, you need to seek legal counsel at once).
  • Motion – A formal request for the Court to do something. It is for tasks more complex and less administrative than those of a Praecipe. Among the most common are requests for the Court to rule in one party’s favor (either dismissing a claim or awarding a Judgment).
  • Praecipe – Pennsylvania’s mini-motion. It is a request for the Court to do something more administrative. For example, notifying the Court you have hired a new lawyer to represent you.
  • Brief – A writing submitted to the court by a lawyer, usually in connection with a Motion, that argues their client’s legal theory. It’s the lawyer version of an essay or paper.

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Two of the most common complaints I hear as a litigation attorney are “why is it so expensive” and “why does it take so long.” Part of the answer to both questions are the procedural rules for discovery which often end up being both a blessing and a curse. The upside is that parties can fully investigate the factual basis for their claims. The downside is that the exploration comes at a cost of time and money.

To streamline the discovery process, many courts have adopted form interrogatories (i.e. written questions) and document requests for certain kinds of cases. For example, the Philadelphia Court of Common Pleas has form discovery requests for use in premises liability and motor vehicle accident cases. These form requests avoid wrangling between the attorneys over whether a request is too broad. They can also be answered more quickly since attorney’s who expect the requests will tailor their intake forms and client questionnaires to get the information they know they will need for discovery.…
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We trust our computers to handle our to-do lists and calendars because they never forget, right? While computers are good at remembering what we tell them (and a big thank you to Google for remembering my kids’ birthdays), one of the current weaknesses of artificial intelligence (AI) is that it cannot apply what it learns in a different scenario. For example, an AI that learns to play chess does not have a leg up when learning to play checkers. Essentially, computers have a “catastrophic forgetting” problem that forces them to relearn what they already knew just because they are presented with a new project.

Researchers are now making breakthroughs to overcome this ‘forgetfulness’ problem. Working in connection with neuroscientists, researchers are attempting to have AI learn more like humans so they can apply what they have learned in one context to another related context without starting over. In other words, teach computers to learn more like humans do so they stop forgetting what they already learned.…
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