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...

Video: E-Discovery of Electronically Stored Information and Litigation Holds in Insurance Bad Faith Lawsuits with Kevan Hirsh

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex commercial lines coverage actions and financial disputes...

Whose Hold Is It Anyway? Potential New Roles For Law Firms In Litigation Holds

By Joshua P. Rosenberg The revision of the Federal Rules of Civil Procedure in December 2006 focused on the rapidly evolving practice of electronic discovery and attempted to deal head-on with the complex issues arising from the production of electronically stored information for cases being litigated...

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...

North Carolina Revises Rules Of Civil Procedure For Electronically Stored Information

Revisions to the North Carolina Rules of Civil Procedure became effective to actions filed on or after October 1, 2011. A blacklined version showing the changes wrought by a law titled an "Act to clarify the procedure for discovery of electronically stored information and to make conforming changes...

Delaware Federal Court Issues New Default Standard for E-Discovery

Periodically we report on rule changes in the federal courts so that practitioners are away of these changes and how they might affect litigation practice in Delaware courts. On December 8, 2011, the District of Delaware revised its Default Standard for Discovery Including Electronically Stored Information...

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...

Williams Mullen Client Alert: Limiting eDiscovery In Advance In Material Contracts

By JAY BRUDZ and LAURENCE V. PARKER, JR. The Federal Rules of Civil Procedure were amended in 2006 to acknowledge the increasing significance of electronically stored information in litigation. These amendments and similar amendments to state rules have cemented the importance of electronic discovery...

Max Kennerly On The New Pennsylvania Rules Of Civil Procedure Relating To Electronic Discovery

Effective Aug. 1, 2012, the Pennsylvania Rules of Civil Procedure will include, for the first time, rules specifically relating to electronically stored information. The amendments differ from the corresponding Federal Rules, adopting a "proportionality" approach that empowers judges to craft...

Max Kennerly: New Pennsylvania Rules Of Civil Procedure Relating To Electronic Discovery Take Effect Aug. 1

Effective Aug. 1, 2012, the Pennsylvania Rules of Civil Procedure will include, for the first time, rules specifically relating to electronically stored information. The amendments differ from the corresponding Federal Rules, adopting a "proportionality" approach that empowers judges to craft...

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...

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...

Covington & Burling LLP: Electronic Discovery in Insurance Coverage Litigation

By P. Benjamin Duke and Mari K. Bonthuis, Attorneys, Covington & Burling LLP Almost a decade after the first groundbreaking court decisions on electronic discovery, no insurance litigator can claim to be unaware of his or her obligations with regard to the collection and production of electronically...

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...

Exporting Data to a Cloud Could Mean Importing Trouble

The concept of exporting might conjure up images of large shipping crates hoisted aboard ships or wheeled through the cargo bay doors of humongous transoceanic aircraft. What likely doesn’t come to mind is that invisible place where you back up your computer. But if you are saving data on a cloud...

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...