Perkins Coie On New 9th Circuit Guidelines On Electronically Stored Information

In this Emerging Issues Analysis, David F. Taylor, Lee Stein, Albert Gidari Jr., Patrick M. Collins, Pravin B. Rao and Joel R. Levin of Perkins Coie LLP examine a decision of the Ninth Circuit U.S. Court of Appeals in U.S. v. Comprehensive Drug Testing Inc. , which involves a federal investigation...

Kevin F. Brady Comments On Delaware Court Of Chancery's 2011 E-Discovery Guidelines

Francis G.X. Pileggi The Delaware Court of Chancery's Guidelines Regarding the Preservation of Electronically Stored Information (ESI) were previously reviewed here on this blog, but now Kevin F. Brady of Connolly Bove Lodge & Hutz LLP in Wilmington, a nationally recognized electronic discovery...

Connnecticut Court Orders Metadata Produced

By William A. Ruskin Connecticut state courts have not provided a rule to address electronic discovery that would give guidance to litigants in a manner similar to the federal rules. In a significant decision, issued on November 18, 2011, the Hon. Barbara Brazzel-Massaro, who sits in Complex Litigation...

New York's First Department Adopts Even More Of Zubulake

By William A. Ruskin On February 28, 2012, the Appellate Division, First Department, issued its decision in U.S. Bank N.A. v. GreenPoint Mortgage Funding, Inc ., 2012 N.Y. App.Div. LEXIS 1487 [ enhanced version available to lexis.com subscribers ], which adopted the standards established in the SDNY's...

Free Download: How To Recapture The Discovery Fees Your Law Firm Used To Earn

Increasing Revenue and Reducing Overhead in the Era of Electronic Discovery By Kristin Branson E-discovery has grown from an atypical procedure required in special cases in the late 90s to one enveloping almost every litigation matter. It adds significant costs to almost every case. Without the...

William A. Ruskin: E-Discovery Examined In Depth

By William A. Ruskin On July 16-17, 2012, Executive Counsel Institute conducted a cutting edge meeting in New York titled, "E-Discovery for the Corporate Market." The theme of the two day meeting was "Controlling Your E-Discovery Destiny." The Colloquium Moderators, Brown E. Marean...

E-Discovery Can Be Costly - But Not Doing It Right Can Cost Much More

Say you have a fairly complex piece of litigation and you have a million documents to review. And let's be nostalgic and go with an entirely human solution. You have a group of $150-an-hour attorneys who can review each document in just 30 seconds to determine whether it should be produced. It is...

Troutman Sanders LLP: Potential Conflicts Between The Duty To Cooperate With Respect To Pre-Trial ESI Discovery And The Duty To Protect Privileged Information

Under the Federal Rules of Civil Procedure, and many state court rules, parties to litigation have an affirmative duty to cooperate with respect to discovery. Complying with this obligation often involves the disclosure of information related to preserving, collecting, filtering, and producing electronically...

ABA Provides Ethical Guidance on ESI; Pennsylvania, Florida Update Procedural Rules

In case you were thinking of playing fast and loose with digital client information, new rules require you to think again. The American Bar Association (ABA) recently amended the Model Rules of Professional Conduct to guide lawyers on use of technology and confidentiality. Much of it comes down to one...

William A. Ruskin: Crafting A Strong E-Discovery Proposed Order

By William A. Ruskin In an earlier article on January 5, 2012 , we discussed how New York practitioners should stay abreast of important new rules and proposed rules governing e-discovery in both the state and federal courts in New York. At that time, the New York State Bar Association had just released...

Bankruptcy's Unique Characteristics Prompt Special Guidance From ABA Working Group

Earlier this year the ABA ESI in Bankruptcy Working Group issued interim guidelines on the "scope and timing" of a party's obligation to preserve ESI in bankruptcy cases. The group comprises both sitting and former judges, bankruptcy and litigation attorneys, law professors and a representative...

Judge Scheindlin Tells Government Agencies to Conduct Searches Again, Questions Keyword Searches by In-House Teams

As long as there have been saws, carpenters have lived by this axiom- "measure twice; cut once." To do the reverse and "save time" by skipping that second measurement too often results in a waste of lumber, re-doing work or watching your deck fall off the back of your house. Apparently...

‘Siri®, How Much Discoverable ESI is on My Smartphone?’

'Siri®, How Much Discoverable ESI is on My Smartphone?' As anyone who has collided with someone staring at their smartphone and not where they are walking knows (known in Yoga circles as the "downward-facing pedestrian"), mobile device usage has exploded in just a few years...

Outbreak of Reason Reported in Northern District of California: New E-Discovery Guidelines Released

American litigators in high-stakes cases can be aggressive, clever, passionate, smart and, if necessary, ruthless. And costs be damned! It's how they roll. In fact, some people who study these things say that the testosterone levels of trial attorneys-males and females alike-are higher than their...

William A. Ruskin: Predictive Coding: Will E-Discovery Swallow The Judicial System?

By William A. Ruskin In an earlier article , we discussed the significance of Magistrate Judge Andrew J. Peck's (SDNY) opinion in Da Silva Moore v. Publicis Groupe [ enhanced version available to lexis.com subscribers ], a highly publicized decision that approved of the use of computer-assisted...

Predictive Coding: A Primer

By Amy Jane Longo and Usama Kahf [Editor's Note: Amy Longo is a partner at O'Melveny & Myers LLP and a member of the Firm's Financial Services and Electronic Discovery and Document Retention Practices. Usama Kahf is an associate and a member of the Firm's Labor and Employment Pratice...

Trend Spotting: Law Firms Seek to Enhance In-House E-Discovery Capabilities

BY: GEORGE SOCHA AND TOM GELBMANN, CO-FOUNDERS OF EDRM AND APERSEE -- Law firms are accelerating efforts to bring e-discovery in-house. We have seen a recent uptick in announcements that law firms have developed or expanded their internal e-discovery capabilities. Providers are quick to note each time...

When EDI is Accessible and Proportionally Affordable, Plan to Produce

In case you were in doubt, being asked to provide “easily accessible” digital records of thousands of paper documents you already produced may not be considered unreasonably cumulative, duplicative or burdensome, and if the related costs are something like .025% of the amount in controversy...

Controlling E-Discovery Costs for Clients

By: Trent Walton -- Over the past several years, we’ve seen the emergence of early data assessment (EDA) software tools. EDA tools help control costs by first culling non-responsive and duplicate files, then further refining the document set by searching text and metadata to locate relevant files...