E-Discovery News

Judge Establishes Search Protocol
Dec 10: The parties had previously agreed that plaintiff requestor’s forensic expert, Mr. Bond, could search producer’s servers, but the parties were unable to come up with an appropriate protocol.

New Poll Reveals Litigation Discovery Gap
Dec 9: Two years after new federal e-discovery rules, 30 percent of companies have no policies for preserving evidence for litigation discovery.

Rule 502 May Not Deliver Promised Cost Relief
Dec 3: The FRE Rule 502, enacted on Sept. 19, 2008, and its promotion as a cost-saving panacea have no doubt raised expectations among clients and courts alike.

Are Social Networking Sites Discoverable?
Nov 13: This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site and the admissibility of the information.

Metadata Presents an Ethical Dilemma
Nov 11: By producing an electronic document in discovery, you may breach the attorney-client privilege, according to an ethics opinion regarding metadata issued by the District of Columbia Bar.

A Reasonable Route to ESI Confidentiality
Oct 30: A recent decision in the Southern District of Indiana offers an economical, common-sense approach to confidentiality -- one that practitioners and courts alike should consider.

eDiscovery Drives Legal Costs Up
Sep 11: Out of the 1,400 lawyers surveyed, 87% said that electronic discovery is too costly and driving up the price of litigation.

Cost of Discovery a Driving Force in Settling Cases, Study Shows
Sep 9: The cost of litigation, particularly discovery, has become the driving force in settling cases, not the merits.

E-Discovery Amendments to California's Civil Discovery Act
Aug 21: The amendments included in AB 926 closely track several of the 2006 e-discovery amendments to the Federal Rules of Civil Procedure.

Court Denies Motion to Compel Production of Email from Backup Tapes
July 31: In this case, plaintiffs had requested that they be allowed to search the defendants' backup tapes in an attempt to discover whether other complaints were made to the district about the teacher who was at the center of the case.

Poor Search Methodology Can Waive Privilege
Jun 20: Above all, the opinion in Victor Stanley highlights the need for transparency and collaboration in the e-discovery process.

States That Have Enacted E-Discovery Rules
Jun 18: More and more states are adopting statutes and court rules addressing the discovery of electronically stored information — here is a current list.

DLA Piper Meets Five-Day EDD Challenge
Jun 6: Large law firm turns to its preferred vendor to manage a large data request in five days.

Maryland Law Firm Seeks Guidance
May 27: Maryland Law Firm Seeks Guidance on Whether Electronic Transmission of Data to Legal Process Outsourcing Company in India Waives Fourth Amendment Protections.

When E-Discovery Is Put to the Test
May 15: An influential federal district judge whose opinions on e-discovery are well respected may have set e-discovery on a path toward its most searching scrutiny yet.

Court Sets Protocol for Forensic Inspection of Plaintiff's Computer Systems
May 5: Ferron v. Search Cactus, L.L.C., 2008 WL 1902499 (S.D. Ohio Apr. 28, 2008) In this case, plaintiff (a lawyer) brought claims under the Ohio Consumer Sales Practices Act based upon emails he received.

Calif. Judicial Council to Weigh New E-Discovery Rules
Apr 29: The Judicial Council will consider new rules for electronic discovery in California, a long-awaited package that's been received warily by the high-tech industry.

E-Discovery Keeps an Eye on the Job
Apr 25: This article focuses on the unique aspects of electronic discovery in employment-related litigation.

Additional Information Needed Before Court Will Order Production of Email
Apr 11: In this case, the plaintiff moved to compel the production of email between and among the parties, challenging the adequacy of defendants’ production.

The Sedona Conference Commentary on ESI Evidence & Admissibility
Apr 07: During the last decade, culminating with the adoption of significant amendments to the FRCP, the legal community has expended significant energy and focus on electronic data.

Court Sets Protocol for Production and Review of Text Messages
Mar 31: Flagg v. City of Detroit, 2008 WL 787061 (E.D. Mich. Mar. 20, 2008) — Plaintiff in this case is the minor son of a murder victim, whose murder remains unsolved.

School Districts Wrestle with e-Discovery
Mar 24: School districts face a mandate to keep electronic information accessible for e-discovery and public records searches...

District Court Lifts Sanctions Against Six Qualcomm Attorneys
Mar 7: On March 5, 2008, District Judge Rudi M. Brewster issued his Order Remanding in Part Order of Magistrate Court re Motion for Sanctions Dated 1/7/08.

Smaller E-Discovery Costs for Small Biz
Mar 7: Although the FRCP present a new set of challenges for small companies, the good news is that developing and implementing an e-discovery strategy does not always have to be an expensive project.

The NFL Destroyed the Tapes But Hasn't Escaped the Sack.
Mar 3: In the game of football, the greatest quarterbacks share some common traits. Perhaps chief among them is an uncanny ability to anticipate the blitz.

Defense Counsel's Modification of Stipulated Privilege Screening Process Results in Additional Expert Costs and Over-Exclusion of Email
Feb 26: Henry v. Quicken Loans, Inc., 2008 WL 474127 (E.D. Mich. Feb. 15, 2008) This Fair Labor Standards Act overtime collective action was brought on behalf of approximately 422 plaintiffs who worked as "loan consultants" for defendants.

Updated List: Local Rules, Forms and Guidelines of United States District Courts Addressing E-Discovery Issues
Feb 11: At least 38 United States District Courts now require compliance with special local rules, forms or guidelines addressing the discovery of electronically stored information.

A New XML Standard Promises To Smooth Out The E-Discovery Process.
Jan 28: In late October EDRM, a group of e-discovery thought leaders that includes vendors, consultants and legal departments, released a new standard that may revolutionize the transfer of data from one application to another during discovery.

List of States Actively Considering the Adoption of Special E-Discovery Court Rules
Jan 22: Here is a current list of those states that have published proposed rules amendments for public comment, with links to the relevant materials.

White House Missing CIA, Iraq E-Mails
Jan 19: Apparent gaps in White House e-mail archives coincide with dates in late 2003 and early 2004 when the administration was struggling to deal with the CIA leak investigation.

Mining E-Discovery Stateside
Jan 18: Not all 50 states are in sync with the EDD amendments to the FRCP; here's how to cope

Qualcomm and Attorneys Sanctioned for "Monumental" E-Discovery Violations
Jan 10: In yet another warning about the pitfalls of e-discovery, a judge from the Southern District of California has sanctioned Qualcomm

Sullivan & Cromwell Suit Against Vendor Highlights Problems With E-Discovery

Jan 7: Other lawyers predict similar disputes in future between law firms and EDD companies