Litigation

Recent Posts

Williams Mullen E-Discovery And Information Governance Team: 'No Harm, No Foul? No Way'
Posted on 8 Feb 2012 by Williams Mullen

By Monica McCarroll and Stephen E. Anthony E.D. Va. Court issues adverse inference jury instruction for intentional bad faith deletion of emails despite the fact that many eventually were recovered from back-up tapes. The prompt issuance of litigation... Read More

1 In 3 Lawyers Plans To Increase e-Discovery Spending, Robert Half Legal eDiscovery Services Research Reveals
Posted on 23 Mar 2012 by LexisNexis Litigation Resource Community Staff

Many Unprepared to Manage Requests, Especially for Social Media, Cloud Computing MENLO PARK, Calif. -- Spending by organizations on electronic discovery-related services grew in 2011 and should continue to increase through 2013, new research from Robert... Read More

North Carolina Revises Rules Of Civil Procedure For Electronically Stored Information
Posted on 15 Nov 2011 by Mack Sperling

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... Read More

Troutman Sanders LLP: Choosing a Unified Voice Messaging System: Data Security and E-Discovery Implications
Posted on 3 Aug 2012 by Troutman Sanders

The digital era has brought about changes to all forms of business communication, including voicemail. Historically, voicemail messages were stored on analog tapes, but, in the past decade, companies have increasingly utilized digital technology for their... Read More

Extend Professional Courtesy In Discovery Or You Might Be Invited To A Kindergarten Party
Posted on 1 Sep 2011 by LexisNexis Litigation Resource Community Staff

Federal judge Sam Sparks recently issued an order inviting two attorneys to a "kindergarten party" that also featured a possible sleepover with United States Marshals. Annoyed by what he considered the immature and unprofessional conduct of... Read More

RAND Corp.: Predictive Coding Could Reduce E-Discovery Costs, But More Guidance Needed On Data Preservation
Posted on 25 Apr 2012 by LexisNexis Litigation Resource Community Staff

Companies could lower the high cost of large-scale electronic discovery in lawsuits by using a computer application known as predictive coding to reduce the number of documents requiring human review, according to a new study from the RAND Corporation... Read More

Ballard Spahr LLP: Pennsylvania Adopts Limited Set Of E-Discovery Rules
Posted on 13 Aug 2012 by Ballard Spahr LLP

By Philip N. Yannella and Maura E. McKenna In a move likely to be greeted as much with criticism as relief, the Pennsylvania Supreme Court recently adopted a very limited set of amendments to the Pennsylvania Rules of Civil Procedure that are expressly... Read More

U.S. High Court Finds Employer Liable For Bias That Influenced Firing
Posted on 1 Mar 2011 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) An employer is liable under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) for its management-level employee's antimilitary bias if that bias is intended to cause an adverse employment... Read More

Pennsylvania Judge Provides Great Resource For Anyone Researching Social Media Discovery Issues
Posted on 23 Jul 2012 by Philip Miles

In Trail v. Lesko (opinion here) , Allegheny County Judge Wettick provided a great resource for anyone researching social media discovery issues. Judge Wettick authored a 20-page opinion, running through nine Pennsylvania state court decisions addressing... Read More

Williams Mullen E-Discovery And Information Governance Team: A Cautionary Tale For All Litigators And A Must Read For Virginia Attorneys
Posted on 12 Mar 2012 by Williams Mullen

B y Bennett B. Borden and Monica McCarroll Judge Payne's Opinion in ePlus Inc. v. Lawson Software, Inc. is a "must-read" for all attorneys practicing in the E.D. Va. and a cautionary tale for all litigators. Judge Payne provides a primer... Read More

Covington & Burling LLP: Electronic Discovery in Insurance Coverage Litigation
Posted on 23 Jan 2013 by LexisNexis Litigation Resource Community Staff

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... Read More

Free Download: How To Recapture The Discovery Fees Your Law Firm Used To Earn
Posted on 16 Jul 2012 by LexisNexis Litigation Resource Community Staff

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... Read More

Jay Shapiro On Chevron Corp. v. Berlinger: When the Journalist's Privilege Is Lost
Posted on 25 Jan 2011 by Jay Shapiro

By Jay Shapiro, Partner, Katten Muchin Rosenman LLP "It is not a usual occurrence for a federal appellate court to have occasion to review a district court decision addressing the propriety of discovery to be used in foreign litigation, including... Read More