The handbook addresses the key issues in eDiscovery – preservation, document production, proportionality, cost-shifting, social media, third-party discovery, data privacy, foreign discovery, discovery in criminal cases, and sanctions.
The handbook also focuses on case law and local rules addressing eDiscovery in Pennsylvania state courts, as well as federal courts within the Third Circuit.
Use of Social Media:
Latest developments in the emerging use of the Threshold Rule in Pennsylvania, which provides that the court must first determine whether the publicly viewable portion of a user’s social media content contains relevant information. If this is satisfied as a preliminary matter, courts will grant access to the user’s private social media content.
- Expectation of privacy for Individuals who share access to computers for their personal files, and whether password-protection or encryption changes that expectation
- Individual's Fifth Amendment rights and refusal to unencrypt files
- Standards for search of emails or other stored electronic communications
Mr. Yannella has served as the principal member of national discovery teams in large-scale litigation and has experience advising on cross-border data collection matters. He is highly experienced in discovery coordination and management, overall discovery strategy and litigation readiness, records management, ethical rules relating to eDiscovery and data management, the Stored Communications Act, Computer Fraud and Abuse Act, U.S. Safe Harbor regulations, and international data privacy law. He regularly writes and lectures on a wide array of eDiscovery, privacy and security issues.
Mr. Yannella is also a member of the firm's Product Liability Groups. He has more than 15 years’ experience representing a wide range of manufacturers – including numerous pharmaceutical and medical device companies – in products liability, catastrophic injury and consumer fraud litigation, from case filing through trial. Mr. Yannella has served in a national coordinating role in mass tort litigation relating to a COX-2 inhibitor, weight loss medication, diabetes medication, a statin, tobacco products, anti-anemia medication, antipsychotic medication, and latex gloves. He has also represented manufacturers, refineries and other institutions in litigation involving motor oil, forklifts, popcorn products, asbestos products, herbicides, refining operations, and plant explosions.
Mr. Yannella is a member of Sedona Conference Institute (International Data Privacy, eDiscovery, and Cross-Border Data Transfer Issues Working Groups), the American Records Management Association, and the Defense Research Institute. He is a graduate of Temple University (Phi Beta Kappa, summa cum laude) and Temple Law School, where he served on moot court and as a member of the Temple Political and Civil Rights Law Review. He is a former adjunct professor for Temple University, where he taught a course on Constitutional Law.