LexisNexis® Legal Newsroom
TTAB LIMITS EXTENT OF E-DISCOVERY IN BOARD PROCEEDINGS

The Trademark Trial and Appeal Board (TTAB) recently held that expansive discovery of electronically stored information (ESI) will normally not be necessary in registration proceedings. Although the scope of discovery in TTAB cases is defined by Rule 26, Fed. R. Civ. P and is technically identical to...

Fisher & Phillips LLP: Another Case to Watch in the Ongoing Debate Over the Computer Fraud & Abuse Act

By Brent A. Cossrow The past year has produced noteworthy decisions from the Sixth , Ninth and Eleventh Circuit Courts of Appeals - and recent Congressional hearings - regarding the applicability of the Computer Fraud & Abuse Act ("CFAA") to employers' claims that disloyal employees...

Fisher & Phillips LLP: Another Case to Watch in the Ongoing Debate Over the Computer Fraud & Abuse Act

By Brent A. Cossrow The past year has produced noteworthy decisions from the Sixth , Ninth and Eleventh Circuit Courts of Appeals - and recent Congressional hearings - regarding the applicability of the Computer Fraud & Abuse Act ("CFAA") to employers' claims that disloyal employees...

Vandeventer Black LLP: Maintaining and Producing Evidence: It really is that important

Most construction projects involve thousands of documents; not only in hard copy, but also as electronically stored information. Once a case is in litigation, or even anticipated to go that route, it is incumbent upon parties to maintain claim related documentation. But what happens if the 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...

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...

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...

Three Tips for Protecting Your Electronically Stored Confidential Information

Employers, do you know what apps your employees are using? That’s the question posed by a recent article in the WSJ. ( See Companies Don’t Know What Apps Their Employees Are Using ). My guess is that the answer to this important question is, “No.” Here are my top tips for how...

BYOD Issue: Is It Against the Law to Remote Wipe an Employee's Candy Crush High Score?

Replace Candy Crush high score with email contacts on a personal iPhone used for work (BYOD), and you have the issue that a federal court in Texas recently tackled. This case presents a set of facts not unlike those which could easily arise in your workplace [ an enhanced version of this opinion is...

Peter S. Vogel: Advice about Cybersecurity Blind Spots Including Cloud Access

By Peter S. Vogel A report from Tenable Network Security identifies that blind spots “can increase legal risk because information retention policies designed to limit legal liability are very unlikely to be applied to electronically stored information (ESI) contained on unauthorized cloud, mobile...

Peter S. Vogel: MaaS (Malware-as-a-Service) – the Cybercrime Cloud Service NO ONE Wants to Think about

By Peter S. Vogel According to the 2015 Threat Report about MaaS is that the “ average price for exploit kits is usually between $800- $1,500 a month, depending on the features and add-ons” and the “price is likely to remain low due to increased competition.” The Websense Report...