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

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

Williams Mullen Client Alert: Limiting eDiscovery In Advance In Material Contracts
Posted on 16 Jul 2012 by Williams Mullen

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... Read More

Williams Mullen E-Discovery Alert: The Demise Of Linear Review
Posted on 18 Aug 2011 by Williams Mullen

By Bennett B. Borden There is a familiar image from the 1920s of row upon row of bespectacled clerks, sporting green eye shades and clacking away on adding machines as they tracked and totaled the business of Wall Street. In the context of document... Read More

Williams Mullen: Are You Sure You Want Those Documents? Then You Might Have To Pay For Reviewing Them
Posted on 3 Aug 2012 by Williams Mullen

W.D. Va. Explicitly Holds that Courts May Consider the Cost of Reviewing Electronically-Stored Information for Privilege in Assessing Burden of Production and May Shift Cost to Requesting Party Based on Burden; Encourages Cooperation in Developing Privilege... Read More

Williams Mullen Alert: Will Federal Circuit's Model Order In Patent Cases Solve The E-Discovery 'Problem'?
Posted on 29 Feb 2012 by Williams Mullen

By Monica McCarroll and John B. Swingle Chief Judge Rader of the Federal Circuit caused quite a stir among both the patent and eDiscovery bars when he unveiled a new Model Order intended to curb perceived abuses of eDiscovery in patent cases. Chief... Read More

Williams Mullen E-Discovery Alert: Why Document Review Is Broken
Posted on 23 Aug 2011 by Williams Mullen

By Bennett B. Borden, Monica McCarroll, Mark Cordover & Sam Strickland The review of documents for responsiveness and privilege is widely perceived as the most expensive aspect of conducting litigation in the information age. Over the last several... Read More