Cloud Computing: E-Discovery Challenges Best Practices to Minimize Pitfalls in Identification, Preservation and Collection of ESI
|
|
- Francine Preston
- 8 years ago
- Views:
Transcription
1 Presenting a live 90-minute webinar with interactive Q&A Cloud Computing: E-Discovery Challenges Best Practices to Minimize Pitfalls in Identification, Preservation and Collection of ESI WEDNESDAY, OCTOBER 24, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Todd Nunn, Partner, K&L Gates, Seattle Tanya Forsheit, Partner, Information Law Group, Manhatten Beach, Calif. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.
2 Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory and you are listening via your computer speakers, you may listen via the phone: dial and enter your PIN -when prompted. Otherwise, please send us a chat or sound@straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.
3 FOR LIVE EVENT ONLY For CLE purposes, please let us know how many people are listening at your location by completing each of the following steps: In the chat box, type (1) your company name and (2) the number of attendees at your location Click the SEND button beside the box
4 If you have not printed the conference materials for this program, please complete the following steps: Click on the + sign next to Conference Materials in the middle of the lefthand column on your screen. Click on the tab labeled Handouts that appears, and there you will see a PDF of the slides for today's program. Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon.
5 Cloud Computing and E-Discovery Todd L. Nunn e-discovery Analysis and Technology Group, K&L Gates, Seattle
6 Cloud Computing E-Discovery - Contents Cloud Computing Introduction Possession, Custody and Control Litigation Holds/26(f) Conference/Collection Use and Admissibility Jurisdiction Third-party Subpoenas 6
7 What is Cloud Computing? Cloud computing comes into focus only when you think about what IT always needs: a way to increase capacity or add capabilities on the fly without investing in new infrastructure, training new personnel, or licensing new software. Cloud computing encompasses any subscription-based or pay-per-use service that, in real time over the Internet, extends IT s existing capabilities. Knorr, Galen, What cloud computing really means, Infoworld (4/7/2008) 7
8 What is Cloud Computing? The very definition of cloud computing remains controversial. Consulting firm Accenture has crafted a useful, concise definition: the dynamic provisioning of IT capabilities (hardware, software, or services) from third parties over a network. Cloud computing is a computing model, not a technology. Fogarty, Cloud Computing Definitions and Solutions, CIO.com (9/10/2009). 8
9 Types of Cloud Computing Services - NIST Cloud Software as a Service (SaaS) Use provider s applications over a network Cloud Platform as a Service (PaaS) Deploy customer-created applications to a cloud Cloud Infrastructure as a Service (IaaS) Rent processing, storage, network capacity, and other fundamental computing resources 9
10 The NIST Cloud Definition Framework Deployment Models Private Cloud Hybrid Clouds Community Cloud Public Cloud Service Models Software as a Service (SaaS) Platform as a Service (PaaS) Infrastructure as a Service (IaaS) Essential Characteristics On Demand Self-Service Broad Network Access Rapid Elasticity Resource Pooling Measured Service Massive Scale Resilient Computing Common Characteristics Homogeneity Virtualization Geographic Distribution Service Orientation Low Cost Software Advanced Security 10 10
11 Advantages of Cloud Computing Lower Costs Reduce owned infrastructure Reduce personnel Increase Computing Capabilities Large scale storage/massive processing Flexibility rapid deployment Specialized tools/applications/services Solves Problems Technology on demand 11
12 Disadvantages of Cloud Computing - Control Bottom line Third party has data Loss of physical control Security Access restriction/control Auditability visibility Forensic access Still responsible legally for data handling Still legally in control Discovery obligations Regulatory compliance 12
13 Disadvantages of Cloud Computing Cloudiness Who has data Cloud service provider Data center provider More parties backup provider consultants Financial viability - Robust systems Where is data Multiple providers Different states/countries How is it being handled Co-mingling with other customer s data Backup policy/retention Permissions/Export/Transfer 13
14 Cautionary Tale: Liquid Motors, Inc. v. Lynd, No.3:09-cv-0611-N (N.D. Tex. April 3, 2009) FBI executed search warrant, raided Liquid Motors (LM) building, seized all equipment LM was not suspected of any wrongdoing Seizure and removal of equipment prevented LM from conducting business LM clients who relied on the hosting service also suffered interruption LM applied for temporary restraining order and return of equipment Court found probable cause for FBI s retention of equipment, denied application, ordered storage array returned within three days (after being copied), ordered other servers and second storage array copied and returned to LM as soon as possible 14
15 Questions to ask Cloud Provider as a start Will my data be in the same database as other customers? Will you commit to segregating our company data How do you deal with differences in retention periods between customers? When you perform backups, will my data be co-mingled with the data from other companies on the same tape? What is your retention period for your backup tapes? When backup tapes reach the end of the retention period, how many months is it before you re-use them? Where will my data reside? Will you commit to a set location Can you provide me information of data center provider 15
16 Possession, Custody, Control 16
17 Possession, Custody and Control Under Rule 34, Control does not require that the party have legal ownership or actual physical possession of the documents at issue. Documents are considered to be under a party s control when that party has the right, authority, or practical ability to obtain the documents from a non-party to the action. A contract about document handling is sufficient to establish party control over documents in the possession of a third party. 17
18 Possession, Custody and Control With material in cloud, no physical custody, but legal control Legal control in form of agreement/contract for cloud services Irony is that you could have legal control (or entitlement), but might not have practical ability to get documents Contract should spell out precisely how get and who pays Must understand how data is stored to avoid surprises since you are legally in control 18
19 Preservation 19
20 Zubulake: Preservation Standard Once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a litigation hold to ensure the preservation of relevant documents. Zubulake v. UBS Warburg, LLC, 229 F.R.D. 422, 431 (S.D.N.Y. 2004). The obligation to preserve evidence arises when the party has notice that the evidence is relevant to litigation or when a party should have known that the evidence may be relevant to future litigation. Zubulake v. UBS Warburg LLC, 220 F.R.D. 212 (S.D.N.Y. 2003) 20
21 Legal Holds Start with Document Retention Policy Understand Policy v. Practice Coordinate with Records Manager or IT Whom do you tell? Key Custodians Data Stewards: Including Cloud Providers Evolving Process Revisit at Critical Stages 21
22 Legal Holds How do you tell them? In Writing Depends on Culture What do you tell them? Describe the Case Document Categories Instructions for Technical Handling Consequences/Contact Information Follow up Follow up Notices Interviews 22
23 Cyntegra, Inc. v. Idexx Labs., Inc., 2007 WL (C.D. Cal. Sept. 21, 2007) Data stored on third-party s server was deleted when Plaintiff failed to make payments Defendant moved for spoliation sanctions Among other things, Plaintiff alleged it did not have control of the documents for purpose of preservation 23
24 Cyntegra, Inc. v. Idexx Labs., Inc., Cont. Similarly, Plaintiff had sufficient control and legal right over the deleted files to constitute fault. Plaintiff contracted to store business documents on NetNation s computer servers. At least until March 7, 2006, when payment was discontinued, Plaintiff could direct the flow of information to and from NetNation s servers. Because Plaintiff could have anticipated the possibility of litigation by this time, it had an affirmative duty to make payments and preserve the evidence. Plaintiff cannot bypass this duty by abandoning its documents to a third-party and claiming lack of control.... A contractual relationship with a third-party entity provides, at a minimum, an obligation to make reasonable inquiry of the third party entity for the data at issue. 24
25 Legal Holds Let s Cloud The Issue Document management/litigation response plan must take cloud services into account Talk to custodians about what they use/how they store Contract with Cloud provider should be specific about how legal holds will be handled/charged Specific of how any deletion will be discontinued How handle preservation of your data, while handling co-mingled data Must understand retention periods, back up practices, co-mingling of data, redundancy of systems, security practices of cloud provider Provider failing or being taken off line during preservation period could be found to be spoliation Preservation periods could be years long, how maintain/transfer Legacy ESI 25
26 Federal Rule 26(f) In conferring the parties must discuss any issues about preserving discoverable information 26(f) Advisory Committee Notes discussion of ESI will involve nature of parties information systems It may be important for the parties to discuss those systems, and accordingly important for counsel to become familiar with those systems before the conference. 26
27 Federal Rule 26(f) Advisory Committee Notes Reasonableness should guide preservation efforts The parties discussion should pay particular attention to the balance between the competing needs to preserve relevant evidence and to continue routine operations critical to ongoing activities. Recommends parties goal should be to agree to reasonable preservation steps taking all considerations into account 27
28 Rule 26(f) Conferences Let s Cloud The Issue Due diligence to understand how cloud provider is storing data Must understand cloud provider system to meet requirements of 26(f) If problematic features (slow collection, change metadata, failed or lost data or provider), should flag in conference 28
29 Inaccessible data FRCP 26(b)(2)(B) Specific Limitations on Electronically Stored Information. A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. 29
30 Inaccessible data FRCP 26(b)(2)(B) Advisory Committee Notes: A party s identification of sources of [ESI] as not reasonably accessible does not relieve the party of its common-law or statutory duties to preserve evidence. Whether a responding party is required to preserve unsearched sources of potentially responsive information that it believes are not reasonably accessible depends on the circumstances of each case. It is often useful for the parties to discuss this issue early in discovery. 30
31 Calixto v. Watson Bowman Acme Corp., 2009 WL (S.D.Fla. 2009) Defendant argued backup tapes were inaccessible because of undue burden or cost Vendor estimate for restoring and searching: $40,000 + all expense to review for relevance and privilege Found inaccessible No good cause found because material likely duplicative given time frame and evidence of defendant s preservation But one backup tape from earlier time period found not inaccessible because cost of restoring and reviewing one tape not burdensome, and evidence of no duplication of material 31
32 Starbuck s v. ADT Security Services, 2009 WL (W.D. Wash.) Used a Zantaz archive system for certain time period Plasmon System 500 double sides DVDs accessed by a robot arm Very slow and laborious to retrieve but still in use ADT argued that archive was inaccessible Court held archive not inaccessible Court did not find time or expense estimates credible Because still in use held must be accessible Cannot relieve party of duty to produce those documents merely because has chosen a means to preserve which makes ultimate production of documents expensive 32
33 Inaccessible Data Let s Cloud The Issue Burden is on data owner to show inaccessibility Agreement should be specific about costs for litigation support Not inaccessible just because ESI hard/expensive to get Must understand what cloud provider has and how it works to support argument of inaccessibility Arguments that data is redundant Support specific arguments regarding expense 33
34 Collection 34
35 Collection of ESI Collect by custodian Full collection Self collection Collect by search terms Sweep and keep systems File shares Non-custodial sources Databases Cloud sources Preservation of metadata and file structure 35
36 Collection Let s Cloud The Issue Ability to collect completely as important under federal case law Understand where data is stored Need to be able to identify custodian material and track what is collected Speed of collection Collection in bulk or custodian-by-custodian/document-by-document Format - does cloud storage change metadata What metadata is provided Will provider be able to prove nothing was deleted - audit 36
37 Authentication 37
38 Procedure of Authentication Authenticity under 104(b) Judge makes preliminary determination Based on admissible evidence Sufficient evidence to support a jury finding of relevance Court need not find that the evidence is necessarily what the proponent claims, but only that there is sufficient evidence that the jury ultimately might do so 38
39 Authentication Evidence rules on authentication apply to ESI in the same way as other evidence Rules are the same for paper and ESI Three methods of authentication refer to computer based evidence in advisory notes (federal) 901(b)(7) (public records and reports) 901(b)(8) (ancient documents or data compilations) 901(b)(9) (processes or systems) 39
40 Rule 901. Requirement of Authentication or Identification (a) General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. (b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule: 40
41 Available Methods to Authenticate ESI, cont d. Rule 902: Self-Authentication: Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: Does not require the sponsoring testimony of any witness Opposing party may still challenge authenticity Provisions most commonly used for ESI: 902(d): Official publications (e.g., Census Bureau) 902(g): Trade inscriptions (e.g. business s) 41
42 Internet Website Postings/Social Media 901(b)(1): Witness with personal knowledge 901(b)(3): Expert testimony 901(b)(4): Distinctive characteristics 901(b)(7): Public records 901(b)(9): System or process capable of producing a reliable result 902(5): Official publications 902(11): Business Records 42
43 Other Methods of Establishing Authenticity Examples listed in Rules 901 and 902 are illustrative only, not exhaustive Court may hold that documents produced by a party in discovery are presumed to be authentic, shifting the burden to the producing party to show that the evidence they produced was not authentic Court may take judicial notice under Rule 201 of certain foundational facts needed to authenticate an electronic record 43
44 Other Approaches to Authenticity Request opponent to admit the genuineness of the evidence through CR 36 Requests for Admission Make request at pretrial conference that opponent agree to stipulate regarding the authenticity of documents Disclose electronic evidence in ER 904 pretrial disclosures of documents; if opponent does not object within 14 days, any authenticity objections are waived 44
45 Deal with Authentication Early Party s own records At time of collection, production When identifying/interviewing witnesses Subpoenas Limited access and leverage on witnesses Send form declarations Use records depositions Get stipulations 45
46 Use and Admissibility Let s Cloud The Issue Will you have the information to satisfy the authentication under 901 and 902 Key is security and access controls Is there visibility into this for provider Who at provider will execute a declaration required under authentication rules Contract should provide for this support 46
47 Jurisdiction 47
48 Where is your data? Location of data may control conditions of disclosure EU & Other data protection laws could affect your use and transfer of data 48
49 Can cloud computing affect personal jurisdiction? Perhaps. Forward Foods LLC v. Next Proteins, Inc, 873 N.Y.S.2d 511 (N.Y. Sup. Ct. 2008) In furtherance of sale of business, defendant set up virtual data room which made important documents available to interested parties Plaintiff utilized data room to view documents before finalizing purchase Purchased business underperformed, Plaintiff filed suit Defendant moved to dismiss for lack of personal jurisdiction 49
50 Forward Foods LLC v. Next Proteins, Inc. Here, Defendants contacts with New York amount to a visit by Jason Stephens, Director of Health and Fitness sales channel, a virtual data room where Defendants uploaded documents for Emigrant to review in New York, and several s containing additional documents sent to Emigrant in New York. It is undisputed that the meeting between Jason Stephens and Emigrant in New York did concern the sale of Defendants business to Plaintiff and that Defendants followed up on the meeting with additional s to New York. Plaintiffs correctly argue that Defendants maintained sufficient contacts with the state of New York and have clearly transacted business within the state such that personal jurisdiction over Defendants under CPLR 302(a)(1) would be appropriate. * Case dismissed for forum non conveniens 50
51 Third-Party Subpoenas 51
52 The Stored Communications Act: 18 U.S.C et seq. Regulates disclosure of content and non-content information by two types of providers: Electronic Communication Service (ECS) Remote Computing Service (RCS) Regulations differ depending on provider type Generally content will not be disclosed absent consent (who can give consent depends on provider) Other more rarely used exceptions may also apply Civil subpoena is not an exception requiring disclosure: See e.g., Special Markets Ins. Consultants, Inc. v. Lynch, No. 11 C 9181, 2012 WL (N.D. Ill. May 2, 2012) Non-content information, however, may be disclosed pursuant to a subpoena 52
53 Seeking Content? Compel Consent (or Use Rule 34): Flagg v. City of Detroit, 252 F.R.D. 346 (E.D. Mich. 2008) Defendants alleged SCA prohibited any disclosure of content of text messages absent consent, which Defendant sought to withhold Court ruled that City could be compelled to provide necessary consent for disclosure: In any event, even if Defendants are correct in their contention that SkyTel cannot produce any communications in this case without the lawful consent called for under 2702(b)(3), the Court finds that the Defendant City has both the ability and the obligation to secure any such consent that the SCA may require. Courts analysis relied heavily on question of control pursuant to Rule 34 Defendants had control of the content such that they could consent to disclosure Court counseled that a Rule 34 request directly to a party was a more straightforward path and avoided many sticky questions under the SCA 53
54 Does control and consent analysis apply to non-parties? Yes. Thomas v. Deloitte Consulting LP, 2004 WL (N.D. Tex. June 14, 2004) Defendant sought production of bank records from non-parties Court ordered production of documents or authorization for bank to disclose: Rule 45(a) requires a person served with a subpoena to produce all responsive, non-privileged documents in his possession, custody or control. FED. R. CIV. P. 45(a)(1)(C). This rule is broadly construed to encompass both actual and constructive possession.... CHS and FPI make no argument that they do not have a legal right to obtain bank statements and checks from Bank of America and Regions Bank. The court will require that they do so or, alternatively, execute authorizations to enable defendant to obtain these documents directly from the banks. 54
55 Criminal Investigations are Different: Twitter v. Harris, 2011NY (N.Y. Crim. Ct. 2012) NY Court ordered production of content and non-content information from Twitter Held account owner did not have standing to quash Twitter subpoena No proprietary interest No privacy interest Production was ordered pursuant to 18 U.S.C. 2703(d) (court order): court order is available to governmental entities under this provision Despite objection, Twitter finally produced the materials after being threatened with contempt and sanctions 55
56 Seeking Non-Content Information? Serve a Subpoena: Achte/Neunte Boll Kino Beteiligungs GMBH & Co. v. Does , 736 F. Supp. 2d 212 (D.D.C. 2010) Court granted leave to serve Rule 45 subpoenas on ISPs seeking to obtain information sufficient to identify each Defendant, including name, current (and permanent) addresses, telephone numbers, addresses and Media Access Control addresses District Court denied subsequent Motion to Quash brought by non-parties whose information would be produced 56
57 Beluga Shipping GMBH & CO. KS Beluga Fantastic v. Suzlon Energy, Ltd., 2010 WL (N.D. Cal. Sept. 23, 2010) Foreign party sought to compel s and records related to accounts of foreign cross-defendants Google, based on inability to comply, sought to intervene Court held contents of s could not be disclosed without subscriber s consent and granted motion to intervene, but ordered production of documents reflecting: when the accounts were created, the names of the account holders as provided to Google, the countries from which the specific accounts were created Google instructed to preserve the snapshot of the s in the specific Gmail accounts set forth above pending further showing of consent by account holders 57
58 58
59 2012 Cloud Computing E-Discovery Challenges Implications for Cloud Computing Contracts October 24, 2012 Tanya L. Forsheit, Esq., CIPP/US Founding Partner, InfoLawGroup LLP
60 SEGALIS PLLC E-Discovery Implications for Cloud Computing Contracts Contractual Considerations Searchability/Availability/Forensics Preservation/Integrity/Authentication Return and Secure Disposal Subpoenas, Control and Access Extended/Multi-Level Relationships Right to Conduct Forensic Exam Cross-Border Data Transfers Sample Provisions 60
61 SEGALIS PLLC Searchability/Availability/Forensics Searchability and availability of data in cloud Forensic assessment (identifying, collecting and preserving data) in cloud context Metadata 61
62 SEGALIS PLLC Preservation, Authentication and Data Integrity For purposes of meeting evidence preservation requirements, and discovery obligations in litigation and government investigations, it may be important for a cloud services contract to require that a cloud provider preserve information and provide the customer with access to the information in the form in which it is maintained in the ordinary course of business, sometimes on short notice. 62
63 SEGALIS PLLC Preservation, Authentication and Data Integrity (cont.) Duplication/Replication Issues. You may have many extra copies of data in many additional locations. This could increase the scope of company preservation obligations (especially if information is not disposed of pursuant to routine records retention schedule). Data Authentication and Integrity. If multiple copies are made (without your knowledge), it may be difficult to ascertain which is the original (also consider timing issues/server settings). 63
64 SEGALIS PLLC Return/Disposal Like other outsourcing agreements, cloud contracts should provide for return and/or secure disposal of the information in accordance with the customer s directions. 64
65 SEGALIS PLLC Access-Extended/Multi-Level Relationships Extended Cloud Relationships- Cloud providers use other cloud providers Ensure ability to access data when several levels removed Where is the data actually being stored, processed and transmitted? Has the direct cloud provider secured rights to ensure that it can preserve/gather data? 65
66 SEGALIS PLLC Cross-Border Data Transfers What happens when the data resides in another country? Conflicting EU Privacy Laws and Blocking Statutes Contracts Insufficient to Address Need Safe Harbor/Standard Contractual Clauses/BCRs Still may not be able to process data for US discovery 66
67 SEGALIS PLLC SAMPLE PROVISIONS 67
68 SEGALIS PLLC Preservation, Return, and Secure Disposal of Information Service Provider shall preserve any information provided by Customer to Service Provider, including but not limited to any metadata, in accordance with Customer s instructions and requests, including without limitation any retention schedules and/or litigation hold orders provided by Customer to Service Provider, independent of where the information is stored (specifically, and without limitation, even where such information resides with or is held, processed or stored by a service provider, sub-contractor, vendor, or other third party). 68
69 SEGALIS PLLC Preservation/Integrity, Return and Secure Disposal of Information (cont.) Service Provider shall take reasonable steps to ensure proper destruction (such that information is rendered unusable and unreadable) and return of information to Customer in a format requested by Customer and at Service Provider s expense when it is no longer needed to perform services pursuant to the Agreement or [x] days following termination of the Agreement. Service Provider shall provide written certification that all such information has been returned and deleted. 69
70 SEGALIS PLLC Subpoenas, Control and Access Service Provider shall cooperate with Customer in responding to any party, nonparty, or government request for information, including but not limited to metadata, provided by Customer to Service Provider. In the event that such requests are served on Customer, Service Provider shall provide Customer with access to such information in the format in which it is maintained in the ordinary course of business (or, on Customer s request, with copies) within [x] hours of receipt of any request by Customer for such access or copies. In the event that such a request (in the form of a subpoena, order or otherwise) is provided to or served on Service Provider, Service Provider shall notify Customer in writing by electronic mail to [INSERT ADDRESS] immediately and in no event more than [x] hours after receiving the request, subpoena or order. Such notification must include a copy of the request, subpoena or court order. 70
71 SEGALIS PLLC Subpoenas, Control and Access (cont.) Service Provider also shall immediately inform in writing the third party who caused the request, subpoena or order to issue or be provided or served on Service Provider that some or all the material covered by the request, subpoena or order is the subject of a nondisclosure agreement. Service Provider shall cooperate with Customer in seeking any protection from disclosure for such information that Customer shall deem appropriate. 71
72 SEGALIS PLLC Authentication In the event that Customer is required to authenticate any of the information, including without limitation metadata, provided by Customer to Service Provider, Service Provider shall cooperate with Customer in providing any requested assistance with such authentication, including without limitation testifying (by affidavit, declaration, deposition, in court, or otherwise) as a custodian of records to authenticate the information, establish chain of custody, and/or provide any other requested information. 72
73 SEGALIS PLLC Want More? Please feel free to contact: Tanya L. Forsheit (310)
74 2012 Cloud Computing E-Discovery Challenges Implications for Cloud Computing Contracts October 24, 2012 Tanya L. Forsheit, Esq., CIPP/US Founding Partner, InfoLawGroup LLP
Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys
Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys By Ronald S. Allen, Esq. As technology has evolved, the federal courts have
More informationDISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP
DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP Presented by Frank H. Gassler, Esq. Written by Jeffrey M. James, Esq. Over the last few years,
More informationIn-House Solutions to the E-Discovery Conundrum
125 In-House Solutions to the E-Discovery Conundrum Retta A. Miller Carl C. Butzer Jackson Walker L.L.P. April 21, 2007 www.pointmm.com I. OVERVIEW OF THE RULES GOVERNING ELECTRONICALLY- STORED INFORMATION
More informationA Brief Overview of ediscovery in California
What is ediscovery? Electronic discovery ( ediscovery ) is discovery of electronic information in litigation. ediscovery in California is governed generally by the Civil Discovery Act. In 2009, the California
More informationUNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com
UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia
More informationA PRIMER ON THE NEW ELECTRONIC DISCOVERY PROVISIONS IN THE ALABAMA RULES OF CIVIL PROCEDURE
A PRIMER ON THE NEW ELECTRONIC DISCOVERY PROVISIONS IN THE ALABAMA RULES OF CIVIL PROCEDURE Effective February 1, 2010, the Alabama Rules of Civil Procedure were amended to provide for and accommodate
More informationPROPOSED ELECTRONIC DATA DISCOVERY GUIDELINES FOR THE MARYLAND BUSINESS AND TECHONOLOGY CASE MANAGEMENT PROGRAM JUDGES
PROPOSED ELECTRONIC DATA DISCOVERY GUIDELINES FOR THE MARYLAND BUSINESS AND TECHONOLOGY CASE MANAGEMENT PROGRAM JUDGES What follows are some general, suggested guidelines for addressing different areas
More informationEthics and ediscovery
Ethics and ediscovery John Mansfield and Devon Newman January 6, 2012 1 2013, MansfieldLaw ediscovery basics We will cover: Preservation and spoliation Searching and producing documents Supervising lawyers
More informationBest Practices in Electronic Record Retention
A. Principles For Document Management Policies Arthur Anderson, LLD v. U.S., 544 U.S. 696 (2005) ( Document retention policies, which are created in part to keep certain information from getting into the
More informationE-Discovery and Social Media: Latest Litigation Challenges Preserving and Collecting Tweets, Facebook Postings, LinkedIn Updates and Other Content
Presenting a live 90-minute webinar with interactive Q&A E-Discovery and Social Media: Latest Litigation Challenges Preserving and Collecting Tweets, Facebook Postings, LinkedIn Updates and Other Content
More informationXact Data Discovery. Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. ediscovery for DUMMIES LAWYERS. MDLA TTS August 23, 2013
MDLA TTS August 23, 2013 ediscovery for DUMMIES LAWYERS Kate Burke Mortensen, Esq. kburke@xactdatadiscovery.com Scott Polus, Director of Forensic Services spolus@xactdatadiscovery.com 1 Where Do I Start??
More informationE-DISCOVERY: BURDENSOME, EXPENSIVE, AND FRAUGHT WITH RISK
E-DISCOVERY: BURDENSOME, EXPENSIVE, AND FRAUGHT WITH RISK If your company is involved in civil litigation, the Federal Rules of Civil Procedure regarding preservation and production of electronic documents
More informationESI Discovery in Federal Criminal Cases: Leveraging the New JETWG Recommendations
Presenting a live 90-minute webinar with interactive Q&A ESI Discovery in Federal Criminal Cases: Leveraging the New JETWG Recommendations THURSDAY, APRIL 26, 2012 1pm Eastern 12pm Central 11am Mountain
More informationLegal Arguments & Response Strategies for E-Discovery
Legal Arguments & Response Strategies for E-Discovery The tools to craft strategic discovery requests & mitigate the risks and burdens of production. Discussion Outline Part I Strategies for Requesting
More information(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp
Rule 45. Subpoena. (a) Form; Issuance. (1) Every subpoena shall state all of the following: a. The title of the action, the name of the court in which the action is pending, the number of the civil action,
More information2004 E-Discovery Developments: Year in Review
2004 E-Discovery Developments: Year in Review Sean Foley, Esq., Legal Consultant Michele C.S. Lange, Esq., Staff Attorney, Legal Technologies January 20, 2005 Presenters Sean Foley, Esq., Legal Consultant
More informationOutlaw v. Willow Oral Argument Motions for Sanctions
William Mitchell E-Discovery Symposium Outlaw v. Willow Oral Argument Motions for Sanctions Mary T. Novacheck, Esq. Partner Bowman and Brooke LLP Outlaw's Motion: Cost Shift Vendor Fees to Willow Prior
More informationElectronic Discovery Rules & Social Media
Electronic Discovery Rules & Social Media What is ESI? ESI is any information stored in electronic form All ESI is discoverable if relevant and reasonably accessible Privileges and other exceptions to
More informationElectronic Discovery: Litigation Holds, Data Preservation and Production
Electronic Discovery: Litigation Holds, Data Preservation and Production April 27, 2010 Daniel Munsch, Assistant General Counsel John Lerchey, Coordinator for Incident Response 0 E-Discovery Rules Federal
More informationFriday 31st October, 2008.
Friday 31st October, 2008. It is ordered that the Rules heretofore adopted and promulgated by this Court and now in effect be and they hereby are amended to become effective January 1, 2009. Amend Rules
More informationMedical Expert Depositions in Workers' Comp Cases
Presenting a live 90-minute webinar with interactive Q&A Medical Expert Depositions in Workers' Comp Cases Effective Techniques for Deposing Experts and Raising Strategic Objections TUESDAY, MARCH 11,
More informationFEDERAL PRACTICE. In some jurisdictions, understanding the December 1, 2006 Amendments to the Federal Rules of Civil Procedure is only the first step.
A BNA, INC. DIGITAL DISCOVERY & E-EVIDENCE! VOL. 7, NO. 11 232-235 REPORT NOVEMBER 1, 2007 Reproduced with permission from Digital Discovery & e-evidence, Vol. 7, No. 11, 11/01/2007, pp. 232-235. Copyright
More informationE-discovery: Federal Rules of Civil Procedure and their Implications for Public Sector Corrections Departments
E-discovery: Federal Rules of Civil Procedure and their Implications for Public Sector Corrections Departments Andres De Aguero, Senior Lead, Deloitte Consulting LLP David F. Axelrod, Director, Deloitte
More informationRULE 10 FUNDS HELD BY THE CLERK
RULE 10 FUNDS HELD BY THE CLERK 10.1 General. A Judge of the District Court may order that any monies in actions pending before the Court be invested in any local financial institution for safe keeping.
More informationCase4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised
More informationRecord Retention, ediscovery, Spoliation: Issues for In-House Counsel
Record Retention, ediscovery, Spoliation: Issues for In-House Counsel CCCA Webinar April 1, 2015 Presenters: Gavin Tighe, Partner (Certified Specialist in Litigation) Stephen Thiele, Partner, Director
More informationAcknowledgments Introduction: Welcome to the Labyrinth. CHAPTER 1 Gathering the Evidence 1. CHAPTER 2 Third-Party Experts 25
Acknowledgments Introduction: Welcome to the Labyrinth xi xiii CHAPTER 1 Gathering the Evidence 1 Form 1.1: General Preliminary Electronic Evidence Questions for Your Client 3 Form 1.2: Checklist to Define
More information2015 ANNUAL MEETING Vancouver, BC September 11, 2015. Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery?
2015 ANNUAL MEETING Vancouver, BC September 11, 2015 Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery? 2010 DUKE CONFERENCE May 10-11 Duke Law School 200 Participants
More informationCyber Tech & E-Commerce
MEALEY S LITIGATION REPORT Cyber Tech & E-Commerce The Duty To Preserve Data Stored Temporarily In Ram: Is The Sky Really Falling? by J. Alexander Lawrence Morrison & Foerster New York, New York A commentary
More informationREALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY
REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY Steven M. Gruskin Carl J. Pellegrini Sughrue Mion, PLLC 2100 Pennsylvania Ave. NW Washington, DC 20037 www.sughrue.com On December 1, 2006, the Federal
More informationPredictability in E-Discovery
Predictability in E-Discovery Presented by: John G. Roman, Jr. National Manager, Practice Group Technology Services Nixon Peabody LLP Tom Barce Assistant Director of Practice Support Fulbright & Jaworski
More informationCOURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014
COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Professors:Mark Austrian Christopher Racich Fall 2014 Introduction The ubiquitous use of computers, the
More informationElements of a Good Document Retention Policy. Discovery Services WHITE PAPER
Elements of a Good Document Retention Policy Discovery Services WHITE PAPER Document retention especially the retention of electronic data has become a hot topic in the legal industry. In the wake of several
More informationOvercoming Ethical Challenges for Multi-Firm Lawyers and Their Firms: Fiduciary Duty, Conflict, Fee-Splitting and More
Presenting a live 90-minute webinar with interactive Q&A Overcoming Ethical Challenges for Multi-Firm Lawyers and Their Firms: Fiduciary Duty, Conflict, Fee-Splitting and More TUESDAY, SEPTEMBER 16, 2014
More informationELECTRONIC DISCOVERY. Dawn M. Curry
ELECTRONIC DISCOVERY Dawn M. Curry Nutter McClennen & Fish LLP World Trade Center West 155 Seaport Boulevard Boston, Massachusetts 02210 Telephone 617.439.2000 www.nutter.com E-Discovery Facts 93-99% of
More informationNegotiating EHR Agreements: Complying with HIPAA, Stark and AKS, Overcoming Privacy and Security Risks
Presenting a live 90-minute webinar with interactive Q&A Negotiating EHR Agreements: Complying with HIPAA, Stark and AKS, Overcoming Privacy and Security Risks Acquiring an EHR and Meeting Incentive Program
More informationGUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION
GUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION Experience increasingly demonstrates that discovery of electronically stored information ( ESI poses challenges
More informationCase 1:13-cv-00586-AWI-SAB Document 41 Filed 02/20/14 Page 1 of 13
Case :-cv-00-awi-sab Document Filed 0// Page of 0 DALE L. ALLEN, JR., SBN KEVIN P. ALLEN, SBN 0 ALLEN, GLAESSNER & WERTH, LLP 0 Montgomery Street, Suite 0 San Francisco, California 0 Telephone: () -00
More informationCase 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS CARGILL MEAT SOLUTIONS CORPORATION, v. Plaintiff, PREMIUM BEEF FEEDERS,
More informationTHIS WEBCAST WILL BEGIN SHORTLY
If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! THIS WEBCAST WILL BEGIN SHORTLY Cloud-Based vs. On-Premise ediscovery
More informationERISA Retirement Plans: Fiduciary Compliance and Risk Management for Investment Fund Selection and Fee Disclosures
Presenting a live 90-minute webinar with interactive Q&A ERISA Retirement Plans: Fiduciary Compliance and Risk Management for Investment Fund Selection and Fee Disclosures Discharging Fiduciary Duties
More informationCase 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KYLE ALEXANDER, and DYLAN SYMINGTON, on behalf of themselves and all those
More informationE-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert
E-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert While updating the two-day seminar Chris Grillo and
More informationHow To Manage Cloud Data Safely
Information Governance In The Cloud Galina Datskovsky, Ph. D., CRM President of ARMA International SVP Information Governance Solutions Topics Cloud Characteristics And Risks Information Management In
More informationHIPAA Compliance During Litigation and Discovery
Presenting a live 90-minute webinar with interactive Q&A HIPAA Compliance During Litigation and Discovery Safeguarding PHI and Avoiding Violations When Responding to Subpoenas and Discovery Requests WEDNESDAY,
More informationLEGAL HOLD OBLIGATIONS FOR DISTRICT EMPLOYEES
LEGAL HOLD OBLIGATIONS FOR DISTRICT EMPLOYEES INSERT YOUR NAME HERE Place logo or logotype here, Otherwise delete this text box. AGENDA.. Federal Rules of Civil Procedure What is a legal hold? What are
More informationE-DISCOVERY IN FEDERAL COURT: SIX CHANGES YOU SHOULD MAKE TO YOUR PRACTICE IN THE DISCOVERY PHASE OF THE CASE By Kary Pratt
E-DISCOVERY IN FEDERAL COURT: SIX CHANGES YOU SHOULD MAKE TO YOUR PRACTICE IN THE DISCOVERY PHASE OF THE CASE By Kary Pratt 1. YOU MUST CHANGE THE WAY YOU REQUEST DOCUMENTS - FRCP 34(a) explicitly recognizes
More informationAssembly Bill No. 5 CHAPTER 5
Assembly Bill No. 5 CHAPTER 5 An act to amend Sections 2016.020, 2031.010, 2031.020, 2031.030, 2031.040, 2031.050, 2031.060, 2031.210, 2031.220, 2031.230, 2031.240, 2031.250, 2031.260, 2031.270, 2031.280,
More informationCalifornia Electronic Discovery Rules. William W. Belt, Jr.
California Electronic Discovery Rules William W. Belt, Jr. July 16, 2009 Today s speaker and some notes... Bill Belt William.Belt@LeClairRyan.com Welcome. With the high number of attendees, please note
More informationSupreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods.
Supreme Court Rule 201. General Discovery Provisions (a) Discovery Methods. Information is obtainable as provided in these rules through any of the following discovery methods: depositions upon oral examination
More informationE-Discovery Guidance for Federal Government Professionals Summer 2014
E-Discovery Guidance for Federal Government Professionals Summer 2014 Allison Stanton Director, E-Discovery, FOIA, & Records Civil Division, Department of Justice Adam Bain Senior Trial Counsel Civil Division,
More informationSocial Media in Tribunal Proceedings
Social Media in Tribunal Proceedings Case Management Challenges Associate Professor Michael Legg m.legg@unsw.edu.au Overview Social Media Definition Electronically Stored Information Cloud Computing Use
More informationE-Discovery: New to California 1
E-Discovery: New to California 1 Patrick O Donnell and Martin Dean 2 Introduction The New Electronic Discovery Act The new Electronic Discovery Act, Assembly Bill 5 (Evans), has modernized California law
More informationDrafting and Issuing Subpoenas: New Jersey
View the online version at http://us.practicallaw.com/6-569-5426 Drafting and Issuing Subpoenas: New Jersey EZRA ROSENBERG, MICHELLE HART YEARY AND THOMAS J. MILLER, DECHERT LLP, WITH PRACTICAL LAW LITIGATION
More informationMeasures Regarding Litigation Holds and Preservation of Electronically Stored Information (ESI)
University of California, Merced Measures Regarding Litigation Holds and Preservation of Electronically Stored Information (ESI) Responsible Officials: Executive Vice Chancellor and Provost Vice Chancellor
More informationACADEMIC AFFAIRS COUNCIL ******************************************************************************
ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management
More informationCovington Webinar Series February 23, 2012 Cross-Border Discovery Issues for U.S. Litigants
Covington Webinar Series February 23, 2012 Cross-Border Discovery Issues for U.S. Litigants Marney Cheek Kristen Eichensehr Alex Hastings Ed Rippey Agenda Introduction (Rippey) Key Considerations in Cross-Border
More informationDOCUMENT RETENTION STRATEGIES FOR HEALTHCARE ORGANIZATIONS
Overview. DOCUMENT RETENTION STRATEGIES FOR HEALTHCARE ORGANIZATIONS A comprehensive and consistently applied document retention policy is necessary to reduce the risk of being charged with spoliation
More informationElectronic Evidence and Discovery: The Changes in the Federal Rules. April 25, 2007 Bill Belt
Electronic Evidence and Discovery: The Changes in the Federal Rules April 25, 2007 Bill Belt Key dates» 2000 Judge Scheindlin coins term ESI in Boston College Law Review Article.» 2000 Chair of the Advisory
More informationwww.salixdata.com 513-381-2679
Electronic Discovery Presented by: Jonathan Adams www.salixdata.com 513-381-2679 Our Goal Explain E-Discovery in layman s terms Equip you to be able to add value to your organization SALIX is the region
More informationElectronic Discovery
Electronic Discovery L. Amy Blum, Esq. UCLA University of California, Los Angeles 1 Topics Not Covered Best practices for E-mail E use and retention in the ordinary course of business Records Disposition
More informationE-Discovery Best Practices
José Ramón González-Magaz jrgonzalez@steptoe.com E-Discovery Best Practices www.steptoe.com November 10, 2010 Importance of E-Discovery 92% of all data is ESI. Source: Berkeley Study. 97 billion e-mails
More informationRule 30(b)(6) Depositions in Electronic Discovery. Discovering What There Is to Discover
: Discovering What There Is to Discover One of the challenges in electronic discovery is identifying the various sources of electronically stored information (ESI) that could potentially be relevant to
More informationReduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY
2016 CLM Annual Conference April 6-8, 2016 Orlando, FL Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY Understanding e-discovery definitions and concepts is critical to working with vendors,
More informationIN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE In the Matter of a ) Uniform Pretrial Order ) ) Administrative Order 3AO-03-04 (Amended) UNIFORM PRETRIAL ORDER In order
More informationWhat Happens When Litigation Starts? How Do You Get People Not To Generate the Bad Documents?
Document Retention and Destruction in Oregon What Happens When Litigation Starts? How Do You Get People Not To Generate the Bad Documents? Timothy W. Snider (503) 294-9557 twsnider@stoel.com Stoel Rives
More informationNLRB: NxGen Case Management, E-Government and E-Discovery
NLRB: NxGen Case Management, By: James G. Paulsen, Assistant General Counsel, OGC and Bryan Burnett, Chief Information Officer, OCIO, National Labor Relations Board A. Next Generation (NxGen) Case Management
More informationAUTION! Electronic. The courtroom falls silent. Pinning you with her gaze, the judge inquires, Do you have any questions,
AUTION! Electronic Picture yourself in the courtroom waiting for the judge. You sit at counsel table next to your client and your partner. The gavels raps, and the judge assumes the bench. She is visibly
More informationMCGRAW MORRIS P.C. Presented By: Stacy J. Belisle
MCGRAW MORRIS P.C. Presented By: Stacy J. Belisle MICHIGAN COURT RULEREGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION ( ESI ) - MCR 2.302(B)(5) AND (6) Electronically Stored Information. A party
More informationDepartment, Board, Or Commission Author Bill Number
BILL ANALYSIS Department, Board, Or Commission Author Bill Number Franchise Tax Board Leno SB 467 SUBJECT Privacy/Electronic Communication/Warrants SUMMARY The bill would require the department to obtain
More informationAmendments to Federal Rules of Civil Procedure. electronically stored information. 6 Differences from Paper Documents
Amendments to Federal Rules of Civil Procedure Electronic Discovery effective Dec. 1, 2006 Copyright David A. Devine GROH EGGERS, LLC Rules amended: 16, 26, 33, 34, 37 & 45 Sources of information: Rules
More information2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013
1 2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013 CONTEXT 2006 FEDERAL COURT E-DISCOVERY AMENDMENTS The 2006 Federal E-Discovery
More informationINTERNET ISSUES: PROTECTING TRADE SECRETS NEW E-DISCOVERY RULES. William R. Denny Potter Anderson & Corroon LLP September 26, 2006
INTERNET ISSUES: PROTECTING TRADE SECRETS NEW E-DISCOVERY RULES William R. Denny Potter Anderson & Corroon LLP September 26, 2006 Agenda What is a Trade Secret? Tracking Down the Anonymous Blogger Strategies
More informationInternational Institute for Conflict Prevention & Resolution www.cpradr.org
International Institute for Conflict Prevention & Resolution www.cpradr.org ECONOMICAL LITIGATION AGREEMENTS ( ELA ) FOR COMMERCIAL CONTRACTS AS A MEANS OF REDUCING CIVIL LITIGATION COSTS THE MODEL CIVIL
More informationE-DISCOVERY IN THE US
E-DISCOVERY IN THE US A PRIMER Changing legal requirements and growing volumes of electronically stored information have made the discovery process more daunting and costly than ever before. This article
More informationDiscussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners
Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners INTRODUCTION Virtually all modern discovery involves electronically stored information (ESI). The production and
More informationCounsel must be fully familiar with the Uniform Civil Rules for the Supreme Court 22 NYCRR Part 202.
JUSTICE GERALD E. LOEHR, J.S.C. Rockland County Supreme Court 1 South Main Street New City, New York 10956 Courtroom 1 Tel: (845) 483-8343 Fax: (845) 708-7236 Staff Bruce J. Pearl, Principal Law Secretary
More informationGUIDELINES FOR ATTORNEYS TAXATION OF COURT COSTS IN THE SOUTHERN DISTRICT OF OHIO
GUIDELINES FOR ATTORNEYS TAXATION OF COURT COSTS IN THE SOUTHERN DISTRICT OF OHIO The purpose of these guidelines is to explain the standard and customary practices of the Clerk s Office of the United
More informationGeneral Items Of Thought
ESI PROTOCOLS & CASE LONG BUDGETS General Items Of Thought What s a GB =??? What Are Sources Of Stored Data? What s BYOD mean??? The Human Factor Is At Play! Litigation Hold Duty Arises When? Zubulake
More informationE-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE. Ana Maria Martinez April 14, 2011
E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE Ana Maria Martinez April 14, 2011 This presentation does not present the views of the U.S. Department of Justice. This presentation is not legal advice.
More informationOverview of E-Discovery and Depositions in U.S. IP Litigation
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Overview of E-Discovery and Depositions in U.S. IP Litigation Naoki Yoshida April 19, 2013 TOPICS E-Discovery in U.S. IP Litigation Depositions in U.S.
More informationDiscovery Services WHITE PAPER. Lorraine v. Markel: Electronic Evidence 101
Common Types of Electronically Stored Information Email: Rules 901(b)(1) (person with personal knowledge); 901(b)(3) (expert testimony or comparison with authenticated example); 901(b)(4) (distinctive
More informationRESPONDING TO SUBPOENAS AND REQUESTS FOR EXPERT WITNESS SERVICES. I. Purpose 1. II. Scope
SMITHSONIAN DIRECTIVE 113, July 24, 2012 RESPONDING TO SUBPOENAS AND REQUESTS FOR EXPERT WITNESS SERVICES I. Purpose 1 II. Scope 1 III. Roles and Responsibilities 3 IV. Policy 4 V. Definitions 5 5 I. Purpose
More informationPART III Discovery. Overview of the Discovery Process CHAPTER 8 KEY POINTS THE NATURE OF DISCOVERY. Information is obtainable by one or more discovery
PART III Discovery CHAPTER 8 Overview of the Discovery Process Generally, discovery is conducted freely by the parties without court intervention. Disclosure can be obtained through depositions, interrogatories,
More informationInsights into Cloud Computing
This article was originally published in the November 2010 issue of the Intellectual Property & Technology Law Journal. ARTICLE Insights into Cloud Computing The basic point of cloud computing is to avoid
More informationCase 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9
Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9 MARY SOWELL et al., Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION Page 1 of
More informationHow To Protect Your Electronic Information System From Being Destroyed
E-MAIL LINKS DATABASES SEARCH FIRMS MEMBER PROFILES FORUM VENDORS CALENDAR SEARCH My Dashboard My Messages (1) Firm Menu My Articles My Expert Witnesses My Links My Mediators / Arbiters My News / Updates
More informationArticle originally appeared in the Fall 2011 issue of The Professional Engineer
Article originally appeared in the Fall 2011 issue of The Professional Engineer Electronic Discovery in Litigation By Douglas P. Jeremiah, P.E., Esq. Your firm is involved in litigation and you get the
More informationE-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers
MARCH 7, 2007 E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers By Tara Daub and Christopher Gegwich News of the recent amendments to the Federal Rules of Civil Procedure
More informationCorporate Income Tax: Compiling and Maintaining Audit Files Strategies for Preparing an Effective Record for Federal and State Exams
presents Corporate Income Tax: Compiling and Maintaining Audit Files Strategies for Preparing an Effective Record for Federal and State Exams A Live 110-Minute Teleconference/Webinar with Interactive Q&A
More informationPayment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties
Presenting a live 90-minute webinar with interactive Q&A Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties Asserting and Defending Surety Bond
More informationESI Risk Assessment: Critical in Light of the new E-discovery and notification laws
ESI Risk Assessment: Critical in Light of the new E-discovery and notification laws Scott Bailey, CISM Christopher Sobota, J.D. Enterprise Risk Management Group Disclaimer This presentation is for informational
More informationB. Preservation is not limited to simply avoiding affirmative acts of destruction because day-to-day operations routinely alter or destroy evidence.
This is a sample approach to developing a sound document collection process, referenced at Section II(7)(vi) of the Guidelines on Best Practices for Litigating Cases Before the Court of Chancery. It should
More informationgrouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2)
ESI: Federal Court An introduction to the new federal rules governing discovery of electronically stored information In September 2005, the Judicial Conference of the United States unanimously approved
More information4/23/2014. E-Discovery. What is ESI? Discovery. Electronically Stored Information. The downside. Discovery generally. E-Discovery
E-Discovery Emily Keimig Lori Philips 303.299.8240 404.567.4377 ekeimig@shermanhoward.com lphillips@shermanhoward.com What is ESI? Electronically Stored Information The downside Discovery Discovery generally
More informationINSTRUCTIONS FOR PREPARING CASE MANAGEMENT PLAN
INSTRUCTIONS FOR PREPARING CASE MANAGEMENT PLAN The following provisions apply to civil cases filed in the United States District Court for the Southern District of Indiana that are not exempt from filing
More informationMetadata, Electronic File Management and File Destruction
Metadata, Electronic File Management and File Destruction By David Outerbridge, Torys LLP A. Metadata What is Metadata? Metadata is usually defined as data about data. It is a level of extra information
More informationE-Discovery in Practice: A Roadmap for Financial Institutions
E-Discovery in Practice: A Roadmap for Financial Institutions Martha R. Mora Martha R. Mora, Esq. ARHM&F Avila Rodriguez Hernandez Mena & Ferri LLP 2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, Florida
More informationAllocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims
Presenting a live 90-minute webinar with interactive Q&A Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Methods of Allocation Among Insurers and Allocation to
More informationWACHA Going Paperless
WACHA Going Paperless Presented by: PAUL A. CARRUBBA Adams and Reese LLP Phone: (601) 292-0788 E-Mail: paul.carrubba@arlaw.com Paul Carrubba Paul.Carrubba@arlaw.com Paul is a partner in the law firm of
More information