E-discovery The Basics: From Proportionality to Technology Assisted Review

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "E-discovery The Basics: From Proportionality to Technology Assisted Review"

Transcription

1 MATERIALS / MATÉRIAUX 2012 Competition Law Fall Conference Conférence annuelle d'automne 2012 en droit de la concurrence E-discovery The Basics: From Proportionality to Technology Assisted Review Susan Wortzman Wortzman Nickle Professional Corporation (Toronto) September 20-21, et 21 septembre, 2012 Hilton Lac-Leamy Gatineau, Québec Presented by the Canadian Bar Association s (CBA) National Competition Law Section and the Professional Development Committee of the CBA Présentée par la Section nationale du droit de la concurrence de l Association du Barreau canadien (ABC) et le Comité du développement professionnel de l ABC

2 E-discovery The Basics: From Proportionality to Technology Assisted Review This paper was presented at: The Canadian Bar Association 2012 Annual Competition Law Fall Conference E-discovery The Basics: From Proportionality to Technology Assisted Review September 20-21, 2012 Susan Wortzman T: ADELAIDE STREET WEST SUITE 2020 TORONTO, ONTARIO, M5H 3P5

3 2 E-discovery The Basics: From Proportionality to Technology Assisted Review E-discovery generally refers to the preservation, identification, collection, processing/culling, data analysis, review, and production of electronically stored information. The management of electronically stored information ( ESI ) arises in a variety of contexts including litigation, regulatory and audit matters, and in the ongoing life cycle of a business. While the records being sought in the discovery process have not changed, the prevalence and volume of electronic records has irretrievably altered the litigation process as well as that used in regulatory matters - in a number of significant ways. The purpose of this paper is to highlight some of the key issues surrounding the developing and existing guidelines and best practices that have developed in Canada to provide assistance to those involved with the management of ESI. The key issues that will be considered are the meet and confer process, proportionality, the use of Technology Assisted Review ( TAR ) tools and managing privileged and confidential records. Meet and Confer Process In litigation, counsel is encouraged to meet and confer as early as possible in an attempt to reach an agreement on such issues as: potential sources of relevant electronic records; the appropriate temporal scope of e-discovery; the current retention policies of both parties; the methodology for collection of ESI; the steps that have already been taken to preserve documents; the form in which documents will be preserved and produced, including the information fields to be provided by each party; and timelines for preservation and production

4 3 This differs from regulatory matters including those involving Canada s Competition Bureau ( the Bureau ), where the communication between the parties is not necessarily adversarial. The SIR process allows the Bureau to obtain records and data required for the Bureau's review in a timely and effective manner, and through a more efficient and less formal information-gathering process than that associated with obtaining orders under section 11 of the Act. The Bureau is committed to minimizing parties' potential burden in complying with a SIR, to the extent possible, by narrowing the issues and/or the requirements for records and data. 1 The Bureau s Merger Review Process Guidelines further state that the Bureau encourages the parties to consult with them to: facilitate a more efficient and effective review process for the merging parties and the Bureau; however, realization of these benefits is largely dependent upon the parties' willingness to engage in full and frank communications with the Bureau, and to proactively assist the Bureau in obtaining information required for its analysis. 2 The concept of consultation is also endorsed in the Sedona Canada Principles Addressing Electronic Evidence 3, guidelines that have been adopted in Rules of Procedure in various Canadian provinces and by Courts in Canada. The Sedona Conference was founded in Sedona, Arizona in 1997 for the advanced study of law in large and complex antitrust, intellectual property litigation cases. 4 The purpose of the group was to create principles, guidelines and best practices for developing areas of law, including those relating to electronic discovery issues. By 2002, The Sedona Conference had branched into subgroups called the Working Group Series. Working Group 7 ( WG7 ) or Sedona Canada was 1 accessed on September 5, Ibid 3 The Sedona Canada Principles Addressing Electronic Evidence, The Sedona Conference, January The Sedona Conference, online at: (date accessed: September 26, 2011).

5 4 created in Its goal was to create a set of best practice principles for national circulation and application. WG7 included Canadian lawyers, judges and technology specialists who adopted the dialogue, not debate model of the U.S. based Sedona Conference. Together, individuals from across Canada participated in the development of The Sedona Canada Principles, which were published in January of The Sedona Canada Principles consist of 12 principles relating to electronic discovery issues in Canada, along with 43 pages of detailed commentary. The Sedona Canada Principles are all based in the concepts of proportionality 5 and reasonableness rather than perfection, to help guide and assist counsel with discovery. The principle of proportionality has gathered considerable support from the judiciary and the bar, as they grapple with the challenges of discovery and managing ESI. We suggest that all counsel should familiarize themselves with the 12 Sedona Canada Principles, and review the complete commentary and accompanying case law when dealing with a particular e-discovery issue. The Sedona Canada Principles have gained credibility and growing endorsement by Canadian courts. There are numerous cases from across the country adopting and referring to them, and subsequent provincial amendments to the rules of court of many jurisdictions either utilize their language, or expressly reference them as the discovery standard in Canada. The one page summary of the Sedona Canada Principles without commentary (attached) provides a best practices manual for managing electronic evidence in Canada. With respect to meet and confer sessions, Principle 4 provides: 5 Ibid, Principle 2

6 5 Counsel and parties should meet and confer as soon as practicable, and on an ongoing basis, regarding the identification, preservation, collection, review and production of electronically stored information. It is interesting to note that both Sedona Canada and the Bureau recognize the value of collaborative discussion with the goal of developing an efficient approach to managing ESI. This collaboration assists in avoiding misunderstandings and all potentially costly mistakes. In the context of the Bureau, its Guidelines state that by consulting with the Bureau, the parties can: clarify the information requested by the Bureau; discuss who holds the data or information requested; address confidentiality concerns; query whether there are other sources or forms of information that may more directly respond to the Bureau s request; and determine whether a date range can be applied to the data. Proportionality Another key challenge facing counsel when addressing e-discovery in the context of litigation is proportionality. Volumes of electronic data not only affect budgets and time constraints, but in the case of litigation, can deny one s access to justice. In the context of litigation, proportionality refers to the balancing of various factors. Principle 2 of the Sedona Canada Principles provides: In any proceeding, the parties should ensure that the steps taken in the discovery process are proportionate, taking into account; i) the nature and scope of the litigation, including the importance and complexity of the issues, interested amounts at stake; ii) the relevance of the available electronically stored information; iii) its importance to the court s adjudication in a given case; and iv) the costs, burden and delay that may be imposed on the parties to deal with electronically stored information. 6 6 Ibid, Principle 2

7 6 In the litigation context, case law is developing that describes what is a proportionate approach to an e-discovery exercise. A simple example is the case where a million dollars is at stake, however, the e-discovery exercise alone will cost $750,000. In that example, having to go through an expensive e-discovery exercise would be disproportionate unless there are very important issues at stake in the matter. All of these factors must be balanced. In the context of the Bureau, the same balancing exercise with respect to the cost factor is not necessarily applied. However, the Bureau s guidelines do state: these Guidelines outline the SIR process, including a description of the practices and procedures that the Bureau will follow to ensure that the potential burden on parties in responding to a SIR is no greater than necessary, while at the same time enabling the Bureau to obtain information required to conduct its review. The Bureau confirms its willingness to consult regarding: narrowing issues, the approach parties will take to the collection, processing, review and production of relevant information, the scope and methodology used to collect the information. Being able to work with the Bureau on all of those factors best serves both parties. If both the Bureau and the parties are truly looking for limited information, then the organization should only have to collect, process, review and produce what is truly relevant to the Bureau. This ensures that that exercise is proportionate and necessarily involves discussion as to timing, cost, the importance of issues, narrowing issues and the scope of the matter. Those discussions are critical to the ensuring a proportionate e-discovery exercise in the litigation context as well as in the context of a Bureau investigation or review. Technology Assisted Review Predictive Coding Predictive coding has received a lot of attention lately as the magical wand in the e-discovery bag of tricks. However, as with any new technology, there are many proposed uses and marketing claims that are confusing the real picture of how

8 7 these tools can assist to make the e-discovery process more efficient and ultimately reduce costs. In a nutshell, predictive coding involves the application of sophisticated artificial intelligence that permits the computer to make suggested determinations based on human interaction and the content of documents. All predictive coding incarnations basically involve a review lawyer coding a subset of the records in the collection. The system examines the decisions made by the reviewer and identifies properties of the records that it can use to automatically make determinations. As the reviewer continues to code records, the system predicts what the reviewer will code. When the system s predictions and the reviewer s actually coding coincide (within reason), the system has learned enough to make confident predictions on its own. Predictive coding is being applied at several stages in the e-discovery analysis and review processes: Culling: In this mode, a lawyer who is an authority on the matter makes relevance decisions on a subset of the records. Once a sufficient number of records have been reviewed (typically a few thousand), the system applies its predictive analysis to the entire set to cull out the records most likely to be relevant. These records can then be subjected to the normal, manual review process. Subjective Coding: The predictive coding system examines the subjective coding decisions made by lawyers as they manually review records. When a sufficient number of records have been reviewed, the system will start to make coding suggestions for subsequent records to assist the lawyers. Review Quality Control: Along the same lines as predictive subjective coding, the system uses the subjective coding decisions made by lawyers to predict how documents should be coded. However, instead of suggesting codes for unreviewed records, the system will apply the predictions to all manually coded

9 8 records and identify those records where its predictions and the actually coding diverge. This will enable reviewers to zero in on documents that may not be coded correctly. Prioritization of Records for Review: Predictive coding can also be used to prioritize records in a review. Once a sufficient number of records have been manually reviewed and coded, the system can group un-reviewed documents based on its coding predictions. The review project manager can then group together all documents likely to be coded relevant, for instance, and assign these to be reviewed first. Predictive coding technology is also being considered in several electronic records management solutions to permit automatic classification of records, removing the burden from individual users. This technology is being incorporated into more and more e-discovery software systems, and may soon become a standard way to cull and review electronic data. Managing Privileged and Confidential Information E-discovery involves a heightened or special risk of inadvertent or unintended disclosure of privileged or confidential information due to the volatile nature of ESI. The increased volume of ESI also augments this risk. Referencing Principle 9 of the Sedona Canada Principles: During the discovery process parties should agree to or, if necessary, seek judicial direction on measures to protect privileges, privacy, trade secrets and other confidential information relating to the production of electronic documents and data. 7 Parties will always wish to identify privileged communications in Bureau matters and parties will also likely wish to identify confidential information and trade secrets. 7 Ibid, Principle 9

10 9 Counsel can discuss measures to protect their clients from inadvertent or unintended disclosure of privileged documents. Also, from the client s perspective, with respect to confidential records, whether or not the confidential information must be provided to the Bureau is a question of relevance. However, when conducting large scale reviews, counsel must ensure that if confidential information is being transmitted to the Bureau that they are well aware of that information and make their client well aware of it as well. What is critical is that counsel ensure that their client s confidential information is known to their own clients before it is released to a third party. Conclusion While Bureau matters differ from litigation matters, many of the principles and suggestions that are espoused in the Sedona Canada Principles apply equally to responding to a SIR issued by the Bureau. In fact, both the Bureau s own guidelines and the Sedona Canada Principles are essentially practical guidelines for counsel to assist them in managing electronic evidence. The concepts of conducting meet and confer sessions, having a proportionate process to manage both the costs and the efficiency of an e-discovery project are always practical considerations. These guidelines should all direct counsel to respond to requests, investigations, litigation or audit matters in a timely, cost effective and proportionate manner.

The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith. June 10, 2009

The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith. June 10, 2009 The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith June 10, 2009 Discovery On January 1, 2010, Rules will be amended by adding the following

More information

COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS

COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS Introduction While electronic documents are included in the definition of document contained

More information

ONTARIO E-DISCOVERY IMPLEMENTATION COMMITTEE MODEL DOCUMENT #1: DISCOVERY AGREEMENT

ONTARIO E-DISCOVERY IMPLEMENTATION COMMITTEE MODEL DOCUMENT #1: DISCOVERY AGREEMENT MATERIALS / MATÉRIAUX 2012 Competition Law Fall Conference Conférence annuelle d'automne 2012 en droit de la concurrence ONTARIO E-DISCOVERY IMPLEMENTATION COMMITTEE MODEL DOCUMENT #1: DISCOVERY AGREEMENT

More information

Amendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP

Amendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP Amendments to the Rules to Civil Procedure: Yours to E-Discover Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP September 25, 2009 Amendments to the Rules of Civil Procedure: Yours to

More information

E-DISCOVERY GUIDELINES. Former Reference: Practice Directive #6 issued September 1, 2009

E-DISCOVERY GUIDELINES. Former Reference: Practice Directive #6 issued September 1, 2009 CIVIL PRACTICE DIRECTIVE #1 REFERENCE: CIV-PD #1 E-DISCOVERY GUIDELINES Former Reference: Practice Directive #6 issued September 1, 2009 Effective: July 1, 2013 Introduction 1. While electronic documents

More information

Electronic Discovery The Sedona Canada Principles

Electronic Discovery The Sedona Canada Principles Electronic Discovery The Sedona Canada Principles Steve Accette Peg Duncan Department of Justice April 9, 2008 Page 1 Introduction to the discovery of electronic documents The discovery of electronic information

More information

Record Retention, ediscovery, Spoliation: Issues for In-House Counsel

Record 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 information

E-DISCOVERY IN CANADA

E-DISCOVERY IN CANADA 0 E-DISCOVERY IN CANADA Todd J. Burke Kelly Friedman Andrew J. McCreary James Morton Susan Nickle Vincenzo Rondinelli Glenn Smith James Swanson Susan Wortzman Foreword by The Honourable Colin L. Campbell

More information

This is not your grandfather s litigation. BUT. ediscovery Services are not legal services.

This is not your grandfather s litigation. BUT. ediscovery Services are not legal services. This is not your grandfather s litigation. BUT ediscovery Services are not legal services. TYPES OF ETHICAL ISSUES THAT MIGHT ARISE IN THE CONTEXT OF ediscovery: Document collection Privacy issues Inadvertent

More information

Conference Cooperation Proclamation

Conference Cooperation Proclamation The Sedona Conference Working Group Series The Sedona Conference Cooperation Proclamation Dialogue Designed to Move the Law Forward in a Reasoned and Just Way The Sedona Conference Cooperation Proclamation

More information

New E-Discovery Rules: Is Your Company Prepared?

New E-Discovery Rules: Is Your Company Prepared? November 2006 New E-Discovery Rules: Is Your Company Prepared? By Maureen O Neill, Kirby Behre and Anne Nergaard On December 1, 2006, amendments to the Federal Rules of Civil Procedure ( FRCP ) concerning

More information

The Road to E-Discovery: More Garden Path, Less Mountain Climb?

The Road to E-Discovery: More Garden Path, Less Mountain Climb? The Road to E-Discovery: More Garden Path, Less Mountain Climb? By Daniela Bassan January 2016 1 Any discussion of e-discovery in Canada including how to make the process more efficient and user-friendly

More information

electronic discovery requests

electronic discovery requests Making and responding to electronic discovery requests By Martin Felsky and Peg Duncan One of the significant impacts of electronic discovery on litigation is the way in which it reconfigures the adversarial

More information

BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure. A Clearwell Systems White Paper

BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure. A Clearwell Systems White Paper BEYOND THE HYPE: UNDERSTANDING THE REAL IMPLICATIONS OF THE AMENDED FRCP PA G E : 1 BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure A Clearwell Systems

More information

Case Name: Palmerston Grain v. Royal Bank of Canada

Case Name: Palmerston Grain v. Royal Bank of Canada Page 1 Case Name: Palmerston Grain v. Royal Bank of Canada RE: Palmerston Grain, A Partnership and C & M Seeds Manufacturing Inc., (Plaintiffs), and Royal Bank of Canada, (Defendant) [2014] O.J. No. 4132

More information

The Sedona. Addressing Electronic Discovery. Second Edition. A Project of The Sedona Conference Working Group 7 (Sedona Canada)

The Sedona. Addressing Electronic Discovery. Second Edition. A Project of The Sedona Conference Working Group 7 (Sedona Canada) The Sedona Conference Working Group Series The Sedona Canada Principles Addressing Electronic Discovery Second Edition A Project of The Sedona Conference Working Group 7 (Sedona Canada) November 2015 The

More information

DISCOVERY 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 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 information

- 1 - APPENDIX A INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA ( IIROC ) PROPOSED FINANCIAL PLANNING RULE

- 1 - APPENDIX A INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA ( IIROC ) PROPOSED FINANCIAL PLANNING RULE APPENDIX A INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF CANADA ( IIROC ) PROPOSED FINANCIAL PLANNING RULE I OVERVIEW The proposed Rule is intended to define financial planning, and set out the proficiency

More information

The 4 th Annual Commercial Litigation Conference

The 4 th Annual Commercial Litigation Conference LexisNexis Conference Series The 4 th Annual Commercial Litigation Conference Recent Developments and Best Practices for the Legal and Accounting Professions Thursday, April 3, 2008 The Grand Hotel Toronto,

More information

Set out below are our comments, which are quite minor, on each of the specific guidelines.

Set out below are our comments, which are quite minor, on each of the specific guidelines. Vincent T. Chang, Chair Federal Courts Committee New York County Lawyers Association 14 Vesey Street New York, NY 10007 March 20, 2013 COMMENTS OF THE NEW YORK COUNTY LAWYERS ASSOCIATION FEDERAL COURTS

More information

UNDERSTANDING 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. 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 information

Comparing E-Discovery in the United States, Canada, the United Kingdom, and Mexico 1

Comparing E-Discovery in the United States, Canada, the United Kingdom, and Mexico 1 Comparing E-Discovery in the United States, Canada, the United Kingdom, and Mexico 1 By Gavin Foggo, Suzanne Grosso, Brett Harrison & Jose Victor Rodriguez-Barrera Although recent amendments to the federal

More information

Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure

Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure MEALEY S TM LITIGATION REPORT Discovery Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure by Michael C. Lynch and Lystra Batchoo Kelley

More information

NEW JERSEY OFFICE OF ATTORNEY ETHICS ESI & ETHICS OCTOBER 6, 2015 RONALD J. HEDGES

NEW JERSEY OFFICE OF ATTORNEY ETHICS ESI & ETHICS OCTOBER 6, 2015 RONALD J. HEDGES NEW JERSEY OFFICE OF ATTORNEY ETHICS ESI & ETHICS OCTOBER 6, 2015 RONALD J. HEDGES 1 A SHORT INTRODUCTION TO ESI & ediscovery 2 MATERIALS R.J. Hedges, Electronic Discovery: Trends & Developments Under

More information

E-DISCOVERY AND KEYWORDS: NOT SO KEY AFTER ALL FACE 2 FACE A CONFERENCE FOR LITIGATION SUPPORT CBA - NS FRIDAY, DECEMBER 7, 2012 HALIFAX, NOVA SCOTIA

E-DISCOVERY AND KEYWORDS: NOT SO KEY AFTER ALL FACE 2 FACE A CONFERENCE FOR LITIGATION SUPPORT CBA - NS FRIDAY, DECEMBER 7, 2012 HALIFAX, NOVA SCOTIA E-DISCOVERY AND KEYWORDS: NOT SO KEY AFTER ALL FACE 2 FACE A CONFERENCE FOR LITIGATION SUPPORT CBA - NS FRIDAY, DECEMBER 7, 2012 HALIFAX, NOVA SCOTIA HALIFAX MARRIOTT HARBOURFRONT PRESENTATION BY: DANIELA

More information

The Disconnect Between Legal and IT Teams

The Disconnect Between Legal and IT Teams WHITEPAPER The Disconnect Between Legal and IT Teams The Duty to Preserve Why manual email archiving and user categorization doesn t cut it anymore #4 in a series of 4 whitepapers. Circulate this document

More information

DOCSVAULT WhitePaper. Concise Guide to E-discovery. Contents

DOCSVAULT WhitePaper. Concise Guide to E-discovery. Contents WhitePaper Concise Guide to E-discovery Contents i. Overview ii. Importance of e-discovery iii. How to prepare for e-discovery? iv. Key processes & issues v. The next step vi. Conclusion Overview E-discovery

More information

ESI and Predictive Coding

ESI and Predictive Coding Beijing Boston Brussels Chicago Frankfurt Hong Kong ESI and Predictive Coding Houston London Los Angeles Moscow Munich New York Palo Alto Paris São Paulo Charles W. Schwartz Chris Wycliff December 13,

More information

ORDER MO-2206 Appeal MA06-386-2 City of Ottawa

ORDER MO-2206 Appeal MA06-386-2 City of Ottawa ORDER MO-2206 Appeal MA06-386-2 City of Ottawa Tribunal Services Department Services de tribunal administratif 2 Bloor Street East 2, rue Bloor Est Suite 1400 Bureau 1400 Toronto, Ontario Toronto (Ontario)

More information

Predictability in E-Discovery

Predictability 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 information

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds BOOK RELEASE FOR IMMEDIATE RELEASE Media Contact: Michael Arkfeld Law Partner Publishing, LLC Ph: 602.993.1937 May, 3, 2010 Email: service@lawpartnerpublishing.com Arkfeld on Electronic Discovery and Evidence:

More information

The Seven Sins of E-Discovery: Salvations for Merger Review. Debbie Salzberger, Anne Glover and David Dueck*

The Seven Sins of E-Discovery: Salvations for Merger Review. Debbie Salzberger, Anne Glover and David Dueck* The Seven Sins of E-Discovery: Salvations for Merger Review Debbie Salzberger, Anne Glover and David Dueck* Living through e-discovery projects can be painful at the best of times they are expensive, stressful

More information

E-Discovery: New to California 1

E-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 information

Best Practices in Electronic Record Retention

Best Practices in Electronic Record Retention I. Some Key Considerations In Whether To Engage An E-Discovery Vendor (Or Vendors) A. It is difficult to decide whether to retain a vendor if you don t know what your organization can do and at what cost.

More information

Email Archiving: Common Myths and Misconceptions

Email Archiving: Common Myths and Misconceptions White Paper MessageOne, Inc. 11044 Research Blvd. Building C, Fifth Floor Austin, TX 78759 Toll-Free: 888.367.0777 Telephone: 512.652.4500 Fax: 512.652.4504 www.messageone.com Introduction From the executive

More information

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 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 information

Best Practices for Electronic Records Management and Litigation Readiness in Construction Projects. James T. Swanson

Best Practices for Electronic Records Management and Litigation Readiness in Construction Projects. James T. Swanson Best Practices for Electronic Records Management and Litigation Readiness in Construction Projects James T. Swanson (403) 260-5712 jts@bdplaw.com Burnet, Duckworth & Palmer LLP Calgary, Alberta James Swanson,

More information

Metadata, Electronic File Management and File Destruction

Metadata, 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 information

Page 1 of 8. 1 and by the Council of the Bermuda Bar Association.

Page 1 of 8. 1 and by the Council of the Bermuda Bar Association. Joint Policy Statement Concerning Communications with Law Firms Regarding Claims and Possible Claims in Connection with the Preparation and Audit of Financial Statements This Joint Policy Statement of

More information

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE Proposed Recommendation No. 249 Proposed Amendment of Rules 4009.1, 4009.11, 4009.12, 4009.21, 4009.23, and 4011 Governing Discovery of Electronically

More information

Federation of Law Societies of Canada

Federation of Law Societies of Canada Submission to the Standing Committee on Public Safety and National Security in respect of Bill C-44, An Act to Amend the Canadian Security Intelligence Service Act and other Acts Federation of Law Societies

More information

7. Judicial Case Management and Training

7. Judicial Case Management and Training 7. Judicial Case Management and Training Contents Summary 197 Judicial case management 197 Case management powers 198 Sanctions 200 Judicial education and training 203 Summary 7.1 This chapter considers

More information

E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE. Ana Maria Martinez April 14, 2011

E-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 information

NightOwlDiscovery. EnCase Enterprise/ ediscovery Strategic Consulting Services

NightOwlDiscovery. EnCase Enterprise/ ediscovery Strategic Consulting Services EnCase Enterprise/ ediscovery Strategic Consulting EnCase customers now have a trusted expert advisor to meet their discovery goals. NightOwl Discovery offers complete support for the EnCase Enterprise

More information

BEST PRACTICES FOR PREPARING YOUR BUSINESS FOR E-DISCOVERY

BEST PRACTICES FOR PREPARING YOUR BUSINESS FOR E-DISCOVERY BEST PRACTICES FOR PREPARING YOUR BUSINESS FOR E-DISCOVERY I. Background The Federal Rules of Civil Procedure provide for document production in the discovery process. Until recently, all types of documents

More information

Performance Measures - Canada s Experience

Performance Measures - Canada s Experience INTERNATIONAL CENTRE FOR CRIMINAL LAW REFORM AND CRIMINAL JUSTICE POLICY CENTRE INTERNATIONAL POUR LA RÉFORME DU DROIT CRIMINEL ET LA POLITIQUE EN MATIÈRE DE JUSTICE PÉNALE Performance Measures - Canada

More information

Turning the Tide The Need for E-Discovery Education

Turning the Tide The Need for E-Discovery Education Turning the Tide The Need for E-Discovery Education Hon. David J. Waxse, U.S. Magistrate Judge, District of Kansas Ralph C. Losey, Esq., Partner and National e-discovery Counsel, Jackson Lewis LLP Rhea

More information

Comments on Illegal Insider Trading in Canada: Recommendations on Prevention, Detection and Deterrence Report (the Insider Trading Report )

Comments on Illegal Insider Trading in Canada: Recommendations on Prevention, Detection and Deterrence Report (the Insider Trading Report ) February 2, 2004 Delivered and Via E-Mail Alberta Securities Commission British Columbia Securities Commission Saskatchewan Financial Services Commission Manitoba Securities Commission Ontario Securities

More information

10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young

10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young 10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young 10 1 Electronic Records Have Exacerbated the Discovery Burden Employees (custodians) are typically pack rats for electronic

More information

SOUND TRANSIT STAFF REPORT RESOLUTION NO. R2008-07 AND MOTION NO. M2008-64. ediscovery Application Suite Procurement & Implementation

SOUND TRANSIT STAFF REPORT RESOLUTION NO. R2008-07 AND MOTION NO. M2008-64. ediscovery Application Suite Procurement & Implementation SOUND TRANSIT STAFF REPORT RESOLUTION NO. R2008-07 AND MOTION NO. M2008-64 ediscovery Application Suite Procurement & Implementation Meeting: Date: Type of Action: Staff Contacts: Phone: Finance Committee

More information

HOME TRUST COMPANY PRIVACY NOTICE/PRIVACY CODE for Creditworx/Home Owner Merchant Express

HOME TRUST COMPANY PRIVACY NOTICE/PRIVACY CODE for Creditworx/Home Owner Merchant Express HOME TRUST COMPANY PRIVACY NOTICE/PRIVACY CODE for Creditworx/Home Owner Merchant Express This Privacy Notice and Privacy Code detail how Home Trust Company ( Home Trust, we, us, our ) collects, uses and

More information

Federation of Law Societies of Canada. Ottawa, November 26, 2013

Federation of Law Societies of Canada. Ottawa, November 26, 2013 Submission to the Standing Senate Committee on Banking, Trade and Commerce in Respect of Bill C-4 (a second Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and

More information

Creating the Criteria and the Process for Selection of E-Discovery Special Masters in Federal Court

Creating the Criteria and the Process for Selection of E-Discovery Special Masters in Federal Court Creating the Criteria and the Process for Selection of E-Discovery Special Masters in Federal Court by Hon. Nora Barry Fischer and Richard N. Lettieri As electronically stored information becomes more

More information

SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM FOR DISCOVERY OF ELECTRONICALLY STORED

SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM FOR DISCOVERY OF ELECTRONICALLY STORED SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM PROPOSED PRINCIPLES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION Sean M. Hendricks, J.D. Client Services Manager (312) 893-7321 / shendricks@forensicon.com

More information

How to Manage Costs and Expectations for Successful E-Discovery: Best Practices

How to Manage Costs and Expectations for Successful E-Discovery: Best Practices How to Manage Costs and Expectations for Successful E-Discovery: Best Practices Mukesh Advani, Esq., Advisory Board Member, UBIC North America, Inc. UBIC North America, Inc. 3 Lagoon Dr., Ste. 180, Redwood

More information

Preparation and collaboration are key for successful e-discovery. CHAPTER 2. Concerning the matter heretofore of the party of

Preparation and collaboration are key for successful e-discovery. CHAPTER 2. Concerning the matter heretofore of the party of THE WINDOWS MANAGER S GUIDE TO INSIDE: A Concerning the matter heretofore of the party of the first part in the aforementioned case notwithstanding, it can be argued that on a number of occasions over

More information

How the Information Governance Reference Model (IGRM) Complements ARMA International s Generally Accepted Recordkeeping Principles (GARP )

How the Information Governance Reference Model (IGRM) Complements ARMA International s Generally Accepted Recordkeeping Principles (GARP ) The Electronic Discovery Reference Model (EDRM) How the Information Governance Reference Model (IGRM) Complements ARMA International s Generally Accepted Recordkeeping Principles (GARP ) December 2011

More information

Hong Kong High Court Procedure E-Discovery: Practice Direction Effective September 1, 2014

Hong Kong High Court Procedure E-Discovery: Practice Direction Effective September 1, 2014 CLIENT MEMORANDUM Hong Kong High Court Procedure E-Discovery: Practice Direction Effective September 1, 2014 August 28, 2014 Mandatory application of e-discovery Mandatory application of e-discovery to

More information

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

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 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 information

LSSA Guidelines on the Use of Internet-Based Technologies in Legal Practice

LSSA Guidelines on the Use of Internet-Based Technologies in Legal Practice LSSA Guidelines on the Use of Internet-Based Technologies in Legal Practice LSSA 2014 1 Use of Internet-Based Technologies in Legal Practice LSSA Guidelines Version 1.0 November 2014 2 Foreword Please

More information

Taking care of what s important to you

Taking care of what s important to you A v i v a C a n a d a I n c. P r i v a c y P o l i c y Taking care of what s important to you Table of Contents Introduction Privacy in Canada Definition of Personal Information Privacy Policy: the ten

More information

Owen M. Rees. Education and Professional Qualifications. Awards & Scholarships. Experience

Owen M. Rees. Education and Professional Qualifications. Awards & Scholarships. Experience Education and Professional Qualifications 2004 2005 University of Oxford, Oxford, United Kingdom Bachelor of Civil Law (equivalent to a Master of Laws) 2003 Called to the Bar of Ontario 1999 2002 Queen

More information

ETHICS AND E-DISCOVERY

ETHICS AND E-DISCOVERY ETHICS AND E-DISCOVERY Prepared by Kelly Friedman, Partner, Davis LLP For the Comparative E-Discovery Course University of Western Ontario November 18, 2010 99994-00054 DAVIS LLP and the DAVIS LLP logo

More information

E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers

E-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 information

ORDER MO-2554 Appeal MA09-33-2 Town of Iroquois Falls

ORDER MO-2554 Appeal MA09-33-2 Town of Iroquois Falls ORDER MO-2554 Appeal MA09-33-2 Town of Iroquois Falls Tribunal Services Department Services de tribunal administratif 2 Bloor Street East 2, rue Bloor Est Suite 1400 Bureau 1400 Toronto, Ontario Toronto

More information

Politique de sécurité de l information Information Security Policy

Politique de sécurité de l information Information Security Policy Politique de sécurité de l information Information Security Policy Adoptée par le Conseil d administration Le 10 novembre 2011 Adopted by the Board of Directors on November 10, 2011 Table of contents FOREWORD

More information

Want less fighting in e-discovery? Make the producing party act first

Want less fighting in e-discovery? Make the producing party act first Want less fighting in e-discovery? Make the producing party act first Cliff Shnier Independent E-Discovery Consultant ACEDS.org July 24, 2014 Here s a modest proposal for less contentiousness and more

More information

Patent Litigation at the ITC: Views from the Government, In-House Attorneys and Outside Counsel

Patent Litigation at the ITC: Views from the Government, In-House Attorneys and Outside Counsel Patent Litigation at the ITC: Views from the Government, In-House Attorneys and Outside Counsel In-House Panel Sponsored by: THE GIBBONS INSTITUTE OF LAW, SCIENCE & TECHNOLOGY Seton Hall University School

More information

Regulatory Impact Statement

Regulatory Impact Statement Regulatory Impact Statement Improving Case Management for Civil Cases in the High Court Agency Disclosure Statement This Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice.

More information

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow Predictive Coding Defensibility and the Transparent Predictive Coding Workflow Who should read this paper Predictive coding is one of the most promising technologies to reduce the high cost of review by

More information

for Insurance Claims Professionals

for Insurance Claims Professionals A Practical Guide to Understanding ediscovery for Insurance Claims Professionals ediscovery Defined and its Relationship to an Insurance Claim Simply put, ediscovery (or Electronic Discovery) refers to

More information

Outlaw v. Willow Oral Argument Motions for Sanctions

Outlaw 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 information

Delivering Global Ediscovery Successfully. Emily A. Cobb, Ropes & Gray Andrew Szczech, Kroll Ontrack Thomas Sely, Kroll Ontrack

Delivering Global Ediscovery Successfully. Emily A. Cobb, Ropes & Gray Andrew Szczech, Kroll Ontrack Thomas Sely, Kroll Ontrack Delivering Global Ediscovery Successfully Emily A. Cobb, Ropes & Gray Andrew Szczech, Kroll Ontrack Thomas Sely, Kroll Ontrack Exclusive News and Analysis Monthly Members-Only Webcasts Networking with

More information

grouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2)

grouped 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 information

E-Discovery Best Practices

E-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 information

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS DIVISION. v. Case No. [MODEL] ORDER REGARDING E-DISCOVERY IN PATENT CASES

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS DIVISION. v. Case No. [MODEL] ORDER REGARDING E-DISCOVERY IN PATENT CASES [NOTE: This is a redline/strikeout version of Appendix P, the Model Order Regarding E- Discovery in Patent Cases. This version shows changes that were made to Federal Circuit Chief Judge Randall Rader

More information

November/December 2010 THE MAGAZINE OF THE AMERICAN INNS OF COURT. rofessionalism. Ethics Issues. and. Today s. Technology. www.innsofcourt.

November/December 2010 THE MAGAZINE OF THE AMERICAN INNS OF COURT. rofessionalism. Ethics Issues. and. Today s. Technology. www.innsofcourt. November/December 2010 THE MAGAZINE OF THE AMERICAN INNS OF COURT rofessionalism and Ethics Issues in Today s Technology www.innsofcourt.org Transparency in E-Discovery: No Longer a Novel Approach By Michael

More information

ESTATE PLANNING. Ian M. Hull and Nick Esterbauer. Hull & Hull LLP Barristers and Solicitors

ESTATE PLANNING. Ian M. Hull and Nick Esterbauer. Hull & Hull LLP Barristers and Solicitors ESTATE PLANNING Ian M. Hull and Nick Esterbauer Ian M. Hull Tel: (416) 369-7826 Fax: (416) 369-1517 Email: ihull@hullandhull.com Nick Esterbauer Tel: (416) 640-4818 Fax: (416) 369-1517 Email: nesterbauer@hullandhull.com

More information

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow WHITE PAPER: PREDICTIVE CODING DEFENSIBILITY........................................ Predictive Coding Defensibility and the Transparent Predictive Coding Workflow Who should read this paper Predictive

More information

Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY

Reduce 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 information

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Electronic Record Retention and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Agenda What is all this ediscovery buzz? Email is major focus of ESI Impact of New FRCP rules

More information

E-Discovery in Michigan. Presented by Angela Boufford

E-Discovery in Michigan. Presented by Angela Boufford E-Discovery in Michigan ESI Presented by Angela Boufford DISCLAIMER: This is by no means a comprehensive examination of E-Discovery issues. You will not be an E-Discovery expert after this presentation.

More information

The Chartered Institute of Patent Attorneys

The Chartered Institute of Patent Attorneys The Chartered Institute of Patent Attorneys Comments on US Department of Commerce RFC: Domestic and International Issues Related to Privileged Communications between Patent Practitioners and their Clients

More information

GOING PUBLIC IN CANADA

GOING PUBLIC IN CANADA GOING PUBLIC IN CANADA CASSELS BROCK IN BRIEF Canadian law firm of more than 200 lawyers based in Toronto and Vancouver focused on serving the transaction, advocacy and advisory needs of the country s

More information

A Privacy Handbook for Lawyers PIPEDA AND YOUR PRACTICE

A Privacy Handbook for Lawyers PIPEDA AND YOUR PRACTICE A Privacy Handbook for Lawyers PIPEDA AND YOUR PRACTICE Table of Contents Introduction...1 Privacy Issues in Managing a Law Practice...6 Privacy issues in Civil Litigation...16 Conclusion...26 Endnotes...28

More information

case 3:12-md-02391-RLM-CAN document 396 filed 04/18/13 page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

case 3:12-md-02391-RLM-CAN document 396 filed 04/18/13 page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION case 3:12-md-02391-RLM-CAN document 396 filed 04/18/13 page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION IN RE: BIOMET M2a MAGNUM HIP IMPLANT PRODUCTS LIABILITY

More information

Regulating Paralegals: A Proposed Approach

Regulating Paralegals: A Proposed Approach LET RIGHT PREVAIL The Law Society of Upper Canada Barreau du Haut-Canada Regulating Paralegals: A Proposed Approach A CONSULTATION PAPER The Law Society Task Force on Paralegal Regulation May 2004 Table

More information

Freelance Lawyers. The industry's best kept secret. Christopher Kozlowski

Freelance Lawyers. The industry's best kept secret. Christopher Kozlowski Freelance Lawyers The industry's best kept secret. Christopher Kozlowski About Me Co-founder and partner of Streamline Litigation, which I started while I was still in law school at Villanova University

More information

E-Discovery Guidance for Federal Government Professionals Summer 2014

E-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 information

AN E-DISCOVERY MODEL ORDER

AN E-DISCOVERY MODEL ORDER AN E-DISCOVERY MODEL ORDER INTRODUCTION Since becoming a staple of American civil litigation, e-discovery has been the subject of extensive review, study, and commentary. See The Sedona Principles: Best

More information

REDUCING COSTS WITH ADVANCED REVIEW STRATEGIES - PRIORITIZATION FOR 100% REVIEW. Bill Tolson Sr. Product Marketing Manager Recommind Inc.

REDUCING COSTS WITH ADVANCED REVIEW STRATEGIES - PRIORITIZATION FOR 100% REVIEW. Bill Tolson Sr. Product Marketing Manager Recommind Inc. REDUCING COSTS WITH ADVANCED REVIEW STRATEGIES - Bill Tolson Sr. Product Marketing Manager Recommind Inc. Introduction... 3 Traditional Linear Review... 3 Advanced Review Strategies: A Typical Predictive

More information

Credit Union Code for the Protection of Personal Information

Credit Union Code for the Protection of Personal Information Introduction Canada is part of a global economy based on the creation, processing, and exchange of information. The technology underlying the information economy provides a number of benefits that improve

More information

Discussion 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 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 information

Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age

Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age Panel Members Judge Ronald L. Buch, Moderator Panelists The Honorable Paul W. Grimm U.S. District Court for

More information

Our approach to information gathering

Our approach to information gathering Guide for taxpayers Our approach to information gathering This publication is current at November 2013. For the most current version, visit our website at ato.gov.au/infogathering OUR COMMITMENT TO YOU

More information

Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. ediscovery for DUMMIES LAWYERS. MDLA TTS August 23, 2013

Xact 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 information

US DISCOVERY PROCEEDINGS: IMPLICATIONS FOR FRENCH BUSINESSES

US DISCOVERY PROCEEDINGS: IMPLICATIONS FOR FRENCH BUSINESSES US DISCOVERY PROCEEDINGS: IMPLICATIONS FOR FRENCH BUSINESSES May 11, 2012 Bijan E. Eghbal, Paris Browning E. Marean, San Diego Carol A.F. Umhoefer, Paris Agenda I. Overview of US discovery and document

More information

Making Sense of E-Discovery: 10 Plain Steps for Producing ESI

Making Sense of E-Discovery: 10 Plain Steps for Producing ESI Making Sense of E-Discovery: 10 Plain Steps for Producing ESI The following article provides a practical guide to producing electronically stored information (ESI) that lawyers can apply immediately in

More information

Ontario s Amended Rules of Professional Conduct

Ontario s Amended Rules of Professional Conduct Ontario s Amended Rules of Professional Conduct Bruce Blain Toronto Symposium June 5, 2014 FLSC Model Code of Professional Conduct 2004 - initiative to create uniform ethical and professional conduct standards

More information