LexisNexis® Legal Newsroom
Time for Court-Appointed Computer Forensics Technicians?

When U.S. Magistrate Judge John M. Facciola issues an opinion concerning e-discovery, litigators take notice. Judge Facciola, whose opinions may signal new directions in e-discovery law, was the author of McPeek v. Ashcroft , 202 F.R.D. 31 (D.D.C. 2001), in which a marginal utility test was devised to...

University of Baltimore to Hold Symposium on ESI

The University of Baltimore Law Review and Stephen L. Snyder Center for Litigation Skills at the University of Baltimore School of Law will be sponsoring a symposium on electronically stored information on March 13, 2008, from 1 p.m. to 4 p.m., with a reception to follow, at the University of Baltimore...

Qualcomm Attorneys Sanctioned $8,568,633.24 for Discovery Abuses

In the on-going saga of Qualcomm v. Broadcom, a judge has ordered Qualcomm to pay Broadcom $8.5 million in attorneys fees and costs for the mishandling of discovery in the case. QUALCOMM INC v. BROADCOM CORP , 2008 U.S. Dist. LEXIS 911 (S.D.Cal. 2008). After the conclusion of the trial in this patent...

D'Onofrio v. SFX Sports Group: Literally Following the Rules in Rule 34(b)

Over a year ago, when we were all still discussing the new rules, the debate around Rule 34(b) was whether the "ordinarily maintained" language in that rule required production in native format with metadata intact. Since December 1, 2006, however, the courts have had little to say about Rule...

Federal Civil E-Discovery Rules Applied in Criminal Case

United States v. O'Keefe, 2008 U.S. Dist. LEXIS 12220 (D.D.C. Feb. 18, 2008) may be one of the first cases to apply the Federal Rules of Civil Procedure to a "big paper" criminal case. Because there are no criminal procedural rules addressing the production of electronically stored information...

Hedges on Proposed Rule of Evidence 502

For the first time since 1975, the U.S. Congress is considering legislation, Senate Bill 2450, that would create a new Federal Rule of Evidence affecting privileges. If enacted into law, proposed Evidence Rule 502 would substantially change current law pertaining to waiver of the attorney-client privilege...

Over One-Third of AmLaw 100 Law Firms Have E-Discovery Practice Groups; Law Firms Are Not Far Behind

Over 1/3 of the AmLaw 100 law firms have either an e-discovery practice group or an internal e-discovery committee. Looking solely at the websites of the American Lawyer top 100 law firms, I found that 37 firms either have an e-discovery practice group or an internal e-discovery committee. Of the AmLaw...

Free White Paper Download: Cloud Computing: Data Has a New House

By Terry Williams of LexisNexis and Richard Perrin of Dickstein Shapiro To get an idea of the "pitch" for cloud computing in the law firm, imagine this fictional conversation between a senior litigation attorney at a large law firm and an executive of a company thatprovides cloud computing...