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18 Jun, 2007 8:52 am by Marcia Oddi
Discovery of electronic evidence has been in the news in recent months. But little has been written about the admissibility of electronic evidence. This may be changing. Encouraging the change is the May 4, 2007 opinion issued by U.S ... creation and maintenance of ESI more generally. Vendors developing document management and content management systems need to incorporate a strategy for admissibility of ESI into the entire ESI value chain, from creation to maintenance, custody, security and access ...
The Indiana Law Blog - http://indianalawblog.com/
31 Jan, 2007 8:26 pm by George Socha
... . The new software suite from MetaLINCS meets all these needs today and incorporates a number of new features across the entire E-Discovery value chain, including an updated version of MetaLINCS Visual Search & Analysis™ ... Babineau, Analyst with Enterprise Strategy Group. "Without the appropriate means to identify and produce relevant electronic evidence in a timely manner, discovery costs are going to exponentially increase draining litigation budgets and straining IT and legal staffs." The ...
In Re Discovery - http://sochaconsulting.com/inrediscovery
27 Jan, 2007 4:36 am by Rob Robinson
... production. "ESI" re-defines electronic evidence, encompassing computer-based information formats and incorporating flexibility for future technological changes and developments. Skirting discovery of ESI, substituting inexpensive electronic storage for Records Management, and scorched-earth retention policies are avoidance practices headed for extinction. Aspects of Discovery are evolving, however, even with the imminent implementation of the amended Federal Rules (December 1, 2006), the core ...
Information Governance Engagement Area - http://infogovernance.blogspot.com
27 Apr 9:50 pm by Rob Robinson
By Conrad J. Jacoby, Published on April 27, 2009 Most of the commentary and guidance about how to best work with electronically stored information ("ESI") in civil litigation has focused on disputes involving voluminous document collections. In such matters, ... significant work will be required to prepare discovery materials for production, and they incorporate these costs in their litigation budget. However, many smaller legal disputes also involve electronic evidence, even though the amounts in ...
Information Governance Engagement Area - http://infogovernance.blogspot.com
23 Jan, 2008 9:30 am
... of California, issued an order granting sanctions against Qualcomm Incorporated and several of its attorneys in connection with discovery abuses. (See Qualcomm Incorporated v. Broadcom Corporation, U.S.D.C., S.D. Cal. Case No. 05-CV-1958-B (BLM). The Qualcomm ... inquiry, which will be dependent upon individual facts and circumstances. The court noted that, in the age of electronic discovery where clients and attorneys cannot physically touch each document, the attorneys must work ...
IP Law Blog - http://www.theiplawblog.com/
20 Sep, 2008 12:46 am
... into confidentiality agreements, which, if incorporated into a court order, will bind nonparties. The legislation does not affect the substantive law of privileges. While not limited to the electronic discovery context, the Advisory Committee ... fairness requires a further disclosure of related, protected information, in order to prevent a selective and misleading presentation of evidence to the disadvantage of the adversary. See, e.g., In re United Mine Workers of America Employee Benefit Plans ...
Tags: Litigation, Civil
Atlanta Injury Law & Civil Litigation Blog - http://www.atlantainjurylawblog.com/
30 Sep 10:09 am
... the case by agreement or order of the court. As a result, the parties often fail to focus on identifying specific sources of evidence that are likely to be sought in discovery but that may be problematic or unduly burdensome or costly to preserve or produce. Incorporating many of the requirements of the Federal Rules of Civil Procedure, the Seventh Circuit Electronic Discovery Pilot Program's Principles Relating to the Discovery of Electronically Stored ...
Electronic Discovery Law - http://www.ediscoverylaw.com/
31 Jan, 2007 8:54 pm by George Socha
... infrastructure in order to satisfy these new legal requirements. "The combination of enormous data growth and new electronic discovery requirements requires that organizations look for new ways to identify, search, and manage their online information," said ... "golden copy," produce a .pst or .zip file, and safely secure this documentary evidence. In addition to powerful search features, the IS1200-ECS incorporates search auditing to deliver a record of the searches themselves to the legal and IT ...
In Re Discovery - http://sochaconsulting.com/inrediscovery
17 May, 2008 4:02 pm
... offenders.3 The Adam Walsh Act has received praise for its expansion of the National Sex Offender Registry by incorporating data from state sex offender registration systems and for its grant of additional resources for Internet Crimes Against ... by forcing defense attorneys to prepare for trial with highly restricted access to material evidence. Section 3509(m) directs trial judges to disregard discovery rules and to define the parameters of what constitutes "reasonably available" evidence. One ...
Sex Offender Issues - http://sexoffenderissues.blogspot.com/
11 Apr, 2008 10:24 am
... 1, 2006, the Federal Rules of Civil Procedure amendments dealing with electronic discovery went into effect. Those Rules, of course, are incorporated into the Federal Rules of Bankruptcy Procedure. In today's world of ... and electronic storage of information, the impact that those technologies have on management of information, and potentially the marshaling of evidence for litigation, is huge. The amendment of the Rules is the judiciary's first attempt at trying to address these mediums outside ...
California Business Bankruptcy Blog - http://www.californiabusinessbankruptcyblog.com/
31 Aug, 2007 6:53 am by Rob Robinson
... they would not include "for example, working papers, e-mails requesting clarification, rough drafts and similar materials that are neither incorporated in final reports nor, perhaps, deemed worthy of retention in hard copy." Id. at *6-*7. The court also noted ... as an expert "makes it more important, not less, that the facts and documents underlying its opinions be disclosed in response to a valid discovery request." Id. at *7. For the complete article, click here. Source: Electronic Discovery Blog
Information Governance Engagement Area - http://infogovernance.blogspot.com
20 Mar, 2007 6:39 am by George Socha
... lawyer when a potential legal dispute appears. Additionally, updates to the FRCP mandate the production of electronic data be in 'native' (original) form. The electronic discovery and production process must accommodate all original forms and provide an audit ... the item history. The changes in these rules are forcing organizations to expand their data management practices to incorporate more than regulatory compliancy requirements resulting in more complex rules and greatly expanded storage and ...
In Re Discovery - http://sochaconsulting.com/inrediscovery
22 Sep, 2008 5:37 pm by Matt Hedberg
... S. 2450, which adopts new Federal Rule of Evidence 502 concerning discovery of information protected by the attorney-client privilege and work-product doctrine. Given the cost of reviewing large volumes of electronic documents, the risk of waiver of ... protecting against waiver enforceable in both federal and state courts, and will make confidentiality agreements between parties that are incorporated into court orders enforceable against nonparties. Rule 502 should limit the cost of litigation by ...
Oregon Business Litigation - http://www.aterwynneblog.com/oregon_business_litigatio/
20 Feb, 2007 9:49 pm by Beck/Herrmann
The recent amendments to the Federal Rules of Civil Procedure added several provisions to address electronic discovery issues. One provision -- Rule 26(b)(5)(B) -- allows a party that produces privileged or ... will not result in a waiver and have that agreement incorporated in a federal court's order, the resulting order is binding in "all state or federal proceedings." Prop. Fed. R. Evid. 502(a), (c)-(e). The subject matter waiver and inadvertent production paragraphs of the proposed rule, however, ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
19 Jun, 2008 11:07 pm by The Complex Litigator (H. Scott Leviant)
... each text message. Since a text message could theoretically be relevant, but not subject to discovery (due, for example, to a privilege), the Court determined that the review procedure had to incorporate a mechanism for resolving objections to production of each relevant text message. On that same ... Protocol Order in Flagg, visit the LegalTalkNetwork and listen to the most recent edition of The ESI Report. [Via Stark County Law Library Blog and Electronic Discovery Law, both excellent resources]
the complex litigator - http://www.thecomplexlitigator.com/
12 Sep, 2008 7:57 pm
... enactment, and applies to pending cases "insofar as is just and practicable." I read about Congress' passage of the Rule on the Electronic Discovery Law blog. The full text of the Rule is below, the explanatory note is here. Rule 502. Attorney- ... agreement. - An agreement on the effect of disclosure in a federal proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order. (f) Controlling effect of this rule. - Notwithstanding Rules 101 and 1101, this ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
18 Sep, 2007 7:20 am by Mon
... of interlinked PivotTables were not properly refreshed; and we had not incorporated completed data from three providers. We have corrected those errors and as ... 93 consolidated spreadsheets. These files are organized by topic, such as software usage, electronic discovery work volume, geographic coverage, project sizes and the like. We use ... (alphabetical order, changes in bold) Overall Service Providers: 6-11: Electronic Evidence Discovery Inc.; Encore Legal Solutions; Ernst & Young; Fios Inc.; ...
The Common Scold - http://commonscold.typepad.com/commonscold/
31 Jan, 2007 6:51 pm by George Socha
... often faced with problems associated with large complex cases, projects or internal investigations that involve vast amounts of paper or electronic evidence," said John Clancy, President of Iron Mountain Digital, the technology arm of Iron Mountain. "This partnership ... challenges. With over 12 locations nationwide and international support capability, ONSITE3 was recently voted as a top e-discovery vendor in the 11th Annual AmLaw Tech Survey, #1 for Litigation Support Services by the AmLaw 200, and ...
In Re Discovery - http://sochaconsulting.com/inrediscovery
17 Sep 11:56 am by tamsin_maxwell
... productive effects of a good data set we need only look at the research boom now occurring in e-discovery (discovery of electronic evidence, or DESI). In 2006 the TREC Legal Track, including a large evaluation corpus, was established in response to ... task isn't easy doesn't mean we should give up. Researchers, including myself, are looking afresh at ways to incorporate NLP into IR. This is being encouraged by organizations such as the NII Test Collection for IR Systems Project (NTCIR), who from ...
VoxPopuLII - http://blog.law.cornell.edu/voxpop
31 Jul, 2008 3:25 pm by Martin Felsky
... vision. Managing partners and litigation practice leaders must consider the short, medium and long-term ramifications of electronic evidence and decide on a clear path to the future. This vision must be communicated clearly within the firm, to clients, ... MATTERS Judges are asking you to do it, emerging standards and guidelines have incorporated it in writing, and case law supports it. On all document discovery matters including production format - having an effective meet and confer process is ...
Slaw - http://www.slaw.ca
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