Page 2 - Litigation

S2 | MONDAY, APRIL 13, 2015 | Litigation | NYLJ.COM
Does Use of Self-Destructing Messages Raise Spoliation Concerns?
BY PETER ISAJIW
AND ANTHONY DEL GIUDICE
M ark Cuban, entrepreneur and owner of the National Basketball Association’s Dallas Mavericks, was charged with
insider trading violations by the U.S. Securi- ties and Exchange Commission in 2008. His defense against those allegations culminated
that allow a user to send “self-destructing” messages. Cyber Dust reportedly markets itself as a product to be used by people “in a business with a lot of lawsuits” as a means
in a 2013 trial, where Cuban was acquitted
by a federal jury. Since the trial, he has pub-
licly criticized the SEC’s use of his electronic
messages during the investigation, reportedly
stating that “every message I sent, everything to “save a lot of time and money because
ness users are increasingly choosing to com- municate through self-destructing message apps instead of other forms of electronic com- munications such as text messages and email. As just one indication of the growing market for these apps, Snapchat recently obtained
PETER ISAJIW is a partner, and ANTHONY DEL GIUDICE is an associate, at Cadwalader, Wickersham & Taft.
that I wrote, [the SEC] decided to create 12
their own context.” Turning his experience with the SEC into a business opportunity, Cuban created Cyber Dust, a mobile phone app that joins a growing number of apps
nothing sent or received on [Cyber Dust] is discoverable.”
Apps like Cyber Dust, Snapchat, TigerText and others are no longer confined to users seeking to avoid embarrassing “selfies.” Busi-
S4 Nature-Based Claims
And the Patent-Eligibility Landscape Post-‘Mayo’and‘Myriad’ BY ROBERT GUNTHER,
CHRISTOPHER NOYES
AND OMAR KHAN
Inside
S6 Proper Litigation Budgeting
Delivers True Value to Clients
BY RICHARD A. DE PALMA AND WILLIAM T. GARCIA
S8 Handling Foreign Plaintiffs’ Requests for Access
To U.S. Discovery
BY JEFF HAMMEL,
BLAKE DENTON AND MAX BALLOU
COVER AND INSIDE PAGES ILLUSTRATIONS: MONIKA KOZAK / NYLJ; BIGSTOCK
Litigation
Kris Fischer, Editor-In-Chief Angela Turturro, Sections Editor Monika Kozak, Design
© 2015 ALM MEDIA PROPERTIES, LLC.
THE NEW YORK LAW JOURNAL ® IS A REGISTERED TRADEMARK OF ALM MEDIA PROPERTIES, LLC.
S
S
S
S