Articles From Eli Litoff

Lessons From Facebook’s Record $550 Million Biometric Settlement By Nick Kahlon & Eli Litoff Bench and Bar, March 2020 On January 29, 2020, Facebook, Inc. agreed to pay over half a billion dollars to settle claims that it violated the Illinois Biometric Information Privacy Act by using facial recognition software to help users “tag” their friends in photographs.
A new federal rule of criminal procedure is likely on the way, but will it affect practice in Illinois federal courts? By Eli Litoff & Kelly Warner Federal Civil Practice, May 2018 While the production of electronically stored information has become the norm in civil litigation, many criminal defense attorneys believe that the Federal Rules of Criminal Procedure have lagged behind and provide insufficient guidance.
A new federal rule of criminal procedure is likely on the way, but will it affect practice in Illinois federal courts? By Eli Litoff & Kelly Warner Bench and Bar, April 2018 While the production of electronically stored information has become the norm in civil litigation, many criminal defense attorneys believe that the Federal Rules of Criminal Procedure have lagged behind and provide insufficient guidance.
Rule 502: Something Illinois litigants can learn from federal courts By Eli Litoff, Kelly Warner, & Edward Casmere Bench and Bar, May 2017 Rule 502 sets forth several significant provisions – including 502(d) – which can be implemented by the courts and parties to proactively address production and protection of privileged material.
Proportionality in e-discovery: The Illinois appellate court seeks to find the right fit By Eli Litoff, Kelly Warner, & Edward Casmere Bench and Bar, April 2017 In the years since Supreme Court Rule 201 was amended in 2014, Illinois appellate courts have not had occasion to apply the proportionality test, leaving litigants to resort to federal precedent to define their proportionality arguments.

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