Legal Arguments & Response Strategies for E-Discovery

Size: px
Start display at page:

Download "Legal Arguments & Response Strategies for E-Discovery"

Transcription

1 Legal Arguments & Response Strategies for E-Discovery The tools to craft strategic discovery requests & mitigate the risks and burdens of production.

2 Discussion Outline Part I Strategies for Requesting Electronic Documents Leveraging initial disclosure requirements and ensuring they are followed Seizing discovery conferences as an opportunity to formulate discovery parameters Framing interrogatories and arranging depositions Issuing Rule 34 document requests and onsite inspections Getting the court involved circumstances necessitating judicial intervention 2

3 Leveraging initial disclosure requirements and ensuring they are followed FRCP 26(a) Required Initial Disclosures (1) a party must, without awaiting a discovery request, provide to other parties: (B) a copy of, or a description by category and location of, data compilations that the disclosing party may use to support its claims or defenses identifying the subjects of the information. Proposed FRCP Amendments will clarify this language by requiring parties to provide for initial disclosure of all electronically stored information that the disclosing party may use to support its claims or defenses. FRCP 26(a)(1)(B). Ensure your opponent meets their initial disclosure requirements & use the information you obtain to your client s advantage. 3

4 Seizing discovery conferences as an opportunity to formulate discovery parameters Even if initial disclosure rules are generally followed, they should not be relied upon as an assurance that no electronic evidence exists. The opposing party may not be aware that some of their data is recoverable or discoverable. Discovery conferences provide a chance to ensure the producing party will consider all relevant files and search the storage locations that contain them. New FRCP rules require, inter alia, parties to discuss issues pertaining to: Disclosure of discovery of electronically-stored information How such information will be produced Preservation of privilege Steps to avoid spoliation 4

5 Seizing discovery conferences as an opportunity to formulate discovery parameters Negotiate: Pre-production culling and search terms Preservation of evidence Review formats Cost allocation How you will handle anticipated evidentiary disputes 5

6 Seizing discovery conferences as an opportunity to formulate discovery parameters Rule 26(f) conference: Parties shall attempt to agree on -Disclosure and production of electronic evidence Points to consider: Necessity of restoration of deleted digital information If scope should include backup or historic legacy data Media, format, and procedures for production 6

7 Seizing discovery conferences as an opportunity to formulate discovery parameters Rule 16 Conference Agenda Proposed Rule 16 gives the court leave to address disclosure of electronic evidence in the Rule 16 scheduling order. Use the Rule 16 Conference as an opportunity to: Take control of e-discovery early Educate the court and opposing counsel Define scope/methods of review & production Reach agreements stipulating that inadvertent disclosure of privileged info does not waive privilege Stipulate to appointment of a Third Party Neutral Expert 7

8 Framing interrogatories and arranging depositions Objectives Obtain clear understanding of: Back-up procedures Computer system configuration Data-retention policies and procedures 8

9 Framing interrogatories and arranging depositions Rule 30(b)(6) Depositions Number, types, and locations of computers currently in use/no longer in use; Past and present operating system and application software; File-naming and location-saving conventions; Disk or tape labeling conventions; Backup and archival disk or tape inventories or schedules; Most likely locations of records relevant to the subject matter of the action; Backup rotation schedules and archiving procedures, including any backup programs in use at any relevant time; Source: Adapted from Computer-Based Discovery in Federal Civil Litigation By Kenneth J. Withers,

10 Framing interrogatories and arranging depositions Rule 30(b)(6) Depositions (cont.) Electronic records management policies and procedures; Corporate policies regarding employee use of company computers; Identities of all current and former personnel who had access to network administration, backup, archiving, or other system operations; Backup rotation schedules and archiving procedures, including any backup programs in use at any relevant time; Electronic records management policies and procedures; Corporate policies regarding employee use of company computers; Identities of all current and former personnel who had access to network administration, backup, archiving, or other system operations. Source: Adapted from Computer-Based Discovery in Federal Civil Litigation By Kenneth J. Withers

11 Issuing Rule 34 document requests and onsite inspections Proposed Fed. R. Civ. P. 34: Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes The amendment leaves no doubt that electronic evidence is subject to production. Scope: Before framing your request, consider post-production review burdens of requesting too much data against the limitations of missing potentially relevant data Framing your request: Craft your request such that it demonstrates the necessity of obtaining the documents you are requesting while avoiding shifting costs of such production back to your client 11

12 Issuing Rule 34 document requests and onsite inspections Define "Document" as: All materials within the full scope of Rule 34 of the FRCP Including, but not limited to: Originals and all non-identical copies Computer files and programs (i.e. and attachments, Word documents, Excel spreadsheets, PowerPoints, etc.) Also, include metadata in definition of document Caveat: be careful what you ask for opposing counsel may return the favor. 12

13 Issuing Rule 34 document requests and onsite inspections Consider the Potential Value of Forensic Evidence. Forensic analysis can establish critical evidence not ascertainable/evident in typical post-production review. Computer forensics experts can be used to extract that information and even retrieve deleted documents while taking necessary to preserve evidentiary integrity. Broad language pertaining to discovery of electronically stored information in draft Fed. R. Civ. P. 34 & state equivalents can be leveraged to compel forensics investigations. 13

14 Issuing Rule 34 document requests and onsite inspections Timing, ordinarily: Discovery of evidence not subject to initial disclosure requirements may not ordinarily be sought before parties have met and conferred as per Rule 26(f). - Fed. R. Civ. P. 26(d), 34(b). Expedited Discovery: In some instances the court may permit expedited discovery before the Rule 26 conference by order or agreement of the parties. - Fed. R. Civ. P. 26(d). Antioch Co. v. Scrapbook Borders, Inc. 210 F.R.D. 645 (D.Minn. 2002). QZO, Inc. v. Moyer 594 S.E.2d 541, 544 (S.C.App. 2004). Yanaki v. Iomed, Inc. 319 F.Supp.2d 1261 (D.Utah 2004), aff d, 415 F.3d 1204 ((10th Cir. 2005). Consider seeking an order for expedited discovery where critical evidence may be at risk for loss or destruction. 14

15 Issuing Rule 34 document requests and onsite inspections What to do with the documents and data you obtain to preserve integrity for trial: Maintain a solid chain of evidence to ensure data is not altered during inspection Verify that copies are complete 15

16 Getting the court involved -- circumstances necessitating judicial intervention Court intervention may be sought to: Enforce preliminary disclosure requirements Gain access to the opposing party s computer systems Appoint a computer forensic expert to retrieve data and review it Direct the opposing party to conduct self-search of back-up tapes Seek adverse inference instructions and sanctions when the other party fails to preserve or produce. Example: Morgan Stanley Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., Inc., 2005 WL (Fla. Cir. Ct. Mar. 1, 2005). 16

17 Part II: Strategies for Responding to Electronic Document Requests Responding to "any and all" electronic discovery requests Demonstrating proportionality how to show benefit and burden Production considerations when to consider mirror imaging, negotiating keyword searches and production format options Using data sampling to avoid fishing expeditions Avoiding e-discovery landmines: spoliation and inadvertent waiver of privilege 17

18 Strategies for Responding to Electronic Document Requests: Responding to "any and all" electronic discovery requests As with any evidence, e-evidence is subject to all the typical privilege protection and discovery objections. Before responding or objecting to any request or order, assess whether handing over certain information or producing data in certain formats may lead to inadvertent exposure of privileged and confidential data. Seek to limit the scope of document requests by negotiation or objection. If the parameters of the discovery requests unclear, seek a court order defining your production obligations. 18

19 Strategies for Responding to Electronic Document Requests: Demonstrating proportionality how to show benefit and burden Defeating discovery requests usually requires particularized showing of excessive burden and cost. Zubulake s Revised Cost Allocation Test Extent to which the request is specifically tailored Availability of information from other sources Total cost of production compared to amount in controversy Total cost of production compared to resources available to each party Relative ability of each party to control costs and incentive of each party to do so Importance of the issue at stake in the litigation Relative benefits to the parties in obtaining the information Zubulake v. UBS Warburg, 217 F.R.D. 309 (S.D.N.Y. 2003); See also, Rowe Entertainment, Inc. v. The William Morris Agency, 2002 WL (S.D.N.Y. May 9, 2002). 19

20 Strategies for Responding to Electronic Document Requests: Production considerations -- when to consider mirror imaging, negotiating keyword searches, production format options While proposed Fed. R. Civ. P. 34(b) allows requesting parties to specify production format, producing parties may seek judicial intervention or negotiate for alternate format options. Considerations for producing parties include: How redacted files will be produced to avoid handing over confidential information How groups of related files such as familial strings and attachments containing relevant documents will be treated in the event that some of the related documents contain privileged information or work product. Format of original documents Cost Mirror Imaging A complete mirror image may not be necessary; harvesting may suffice. Keyword Searches & Initial File Culling Technology can greatly reduce your production burden. 20

21 Strategies for Responding to Electronic Document Requests: Using data sampling to avoid fishing expeditions Data Sampling What: searching a small number of hard drives, servers or backup tapes as a method of determining whether relevant evidence exists. Why: use to show lack of probable responsiveness of opposing parties search parameters Data sampling can be a useful tool to refute the necessity and appropriateness of the requesting party s discovery request. 21

22 Strategies for Responding to Electronic Document Requests: Avoiding e-discovery landmines: spoliation and inadvertent waiver of privilege Spoliation Initial Considerations: Suspend Client s Automated Document Destruction See, e.g., Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., Inc., 2005 WL (Fla. Cir. Ct. Mar. 1, 2005). Notify Third Parties of Preservation Duty Discussions with Client IT Manager and E-Discovery Expert Secondary Considerations: Preservation Orders Stipulations with Opponent & Protective Orders Addressing Scope Appointment of Neutral Expert See, e.g., Medtronic Sofamor Danek, Inc. v. Michelson, 2003 WL (W.D.Tenn. May 13, 2003). 22

23 Strategies for Responding to Electronic Document Requests: Avoiding e-discovery landmines: spoliation and inadvertent waiver of privilege The voluminous amounts of information exchanged between parties can lead to inadvertent disclosure of privileged information. There are, however, some things you can do to mitigate that risk: 1. Prior to production, seek to come to an agreement with opposing counsel that privileged documents will be returned to you, that any copies of or notes pertaining to those documents will be destroyed, and that an inadvertent disclosure will not constitute waiver of privilege 2. Negotiate how documents within families of privileged documents will be handled. 3. Use key word searches to segregate potentially privileged files and alert reviewers that some documents may be privileged. 4. Create an action plan outlining the steps you will take in the event a privileged document is unintentionally produced. 23

24 Strategies for Responding to Electronic Document Requests: Avoiding e-discovery landmines: spoliation and inadvertent waiver of privilege The voluminous amounts of information exchanged between parties can lead to inadvertent disclosure of privileged information. There are, however, some things you can do to mitigate that risk: 1. Prior to production, seek to come to an agreement with opposing counsel that privileged documents will be returned to you, that any copies of or notes pertaining to those documents will be destroyed, and that an inadvertent disclosure will not constitute waiver of privilege 2. Negotiate how documents within families of privileged documents will be handled. 3. Use key word searches to segregate potentially privileged files and alert reviewers that some documents may be privileged. 4. Create an action plan outlining the steps you will take in the event a privileged document is unintentionally produced. 24

25 Strategies for Responding to Electronic Document Requests: Avoiding e-discovery landmines: spoliation and inadvertent waiver of privilege The voluminous amounts of information exchanged between parties can lead to inadvertent disclosure of privileged information. There are, however, some things you can do to mitigate that risk: 1. Prior to production, seek to come to an agreement with opposing counsel that privileged documents will be returned to you, that any copies of or notes pertaining to those documents will be destroyed, and that an inadvertent disclosure will not constitute waiver of privilege 2. Negotiate how documents within families of privileged documents will be handled. 3. Use key word searches to segregate potentially privileged files and alert reviewers that some documents may be privileged. 4. Create an action plan outlining the steps you will take in the event a privileged document is unintentionally produced. 25

26 Strategies for Responding to Electronic Document Requests: Avoiding e-discovery landmines: spoliation and inadvertent waiver of privilege The voluminous amounts of information exchanged between parties can lead to inadvertent disclosure of privileged information. There are, however, some things you can do to mitigate that risk: 1. Prior to production, seek to come to an agreement with opposing counsel that privileged documents will be returned to you, that any copies of or notes pertaining to those documents will be destroyed, and that an inadvertent disclosure will not constitute waiver of privilege 2. Negotiate how documents within families of privileged documents will be handled. 3. Use key word searches to segregate potentially privileged files and alert reviewers that some documents may be privileged. 4. Create an action plan outlining the steps you will take in the event a privileged document is unintentionally produced. 26

27 Legal Arguments & Response Strategies for E-Discovery Questions? Rhea Frederick Kroll Ontrack (952) (800) Christopher Wall Kroll Ontrack (703) (800)

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

In-House Solutions to the E-Discovery Conundrum

In-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 information

A 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 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 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

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

PROPOSED 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 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 information

COURSE 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) 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 information

E-DISCOVERY: BURDENSOME, EXPENSIVE, AND FRAUGHT WITH RISK

E-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 information

ELECTRONIC DISCOVERY. Dawn M. Curry

ELECTRONIC 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 information

The Top Ten List (and one) of Changes to the Federal Rules

The Top Ten List (and one) of Changes to the Federal Rules The Top Ten List (and one) of Changes to the Federal Rules The List (1) The rules now refer to electronically stored information, which is on equal footing with paper. Rules 26(a)(1), 26(b)(2), 26(b)(5)(B),

More information

Electronic Discovery: Litigation Holds, Data Preservation and Production

Electronic 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 information

2004 E-Discovery Developments: Year in Review

2004 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 information

ACADEMIC AFFAIRS COUNCIL ******************************************************************************

ACADEMIC AFFAIRS COUNCIL ****************************************************************************** ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management

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

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

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

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

Presented By: Attorney/Legal Technologist Cosgrave Vergeer Kester LLP. Paine Hamblen LLP 805 SW Broadway, 8 th Floor

Presented By: Attorney/Legal Technologist Cosgrave Vergeer Kester LLP. Paine Hamblen LLP 805 SW Broadway, 8 th Floor Everything You Wanted to Know About ESI and E-Discovery but Were Afraid to Ask Jason M. Pistacchio Presented By: Gregory S. Johnson Attorney Attorney/Legal Technologist Cosgrave Vergeer Kester LLP Paine

More information

Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery

Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery 1 PROFESSIONALS MILLER CANFIELD LAW FIRM B. Jay Yelton III Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery To a large extent Michigan's new e-discovery rules

More information

Electronic Discovery and Disclosure:

Electronic Discovery and Disclosure: Electronic Discovery and Disclosure: Managing & Producing Electronic Information Washington State Office of the Attorney General 1 Overview of Presentation EDD (Electronic Discovery and Disclosure) ESI

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

Acknowledgments Introduction: Welcome to the Labyrinth. CHAPTER 1 Gathering the Evidence 1. CHAPTER 2 Third-Party Experts 25

Acknowledgments 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 information

Pretrial Practice Course Syllabus Spring, 2014 Meeting -- Tuesdays 1:30-3:20pm Room -- 432(C)

Pretrial Practice Course Syllabus Spring, 2014 Meeting -- Tuesdays 1:30-3:20pm Room -- 432(C) Pretrial Practice Course Syllabus Spring, 2014 Meeting -- Tuesdays 1:30-3:20pm Room -- 432(C) Professor: Rich Kelsey Telephone: (703) 993-8973 Email: rkelsey@gmu.edu Course Materials Material will be assigned

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

What Happens When Litigation Starts? How Do You Get People Not To Generate the Bad Documents?

What 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 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

REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY

REALITY 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 information

Spotlight on Electronic Discovery: What Every Audit Control Professional Needs to Know

Spotlight on Electronic Discovery: What Every Audit Control Professional Needs to Know Spotlight on Electronic Discovery: What Every Audit Control Professional Needs 1 Electronic Discovery: What Every Audit Control Professional Needs The Importance of Communicating The single biggest problem

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

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

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

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

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231-F

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231-F IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:07-CV-231-F PAMELA L. HENSLEY, ) ) Plaintiff, ) ) v. ) ) PROPOSED JOINT JOHNSTON COUNTY BOARD

More information

FEDERAL PRACTICE. In some jurisdictions, understanding the December 1, 2006 Amendments to the Federal Rules of Civil Procedure is only the first step.

FEDERAL 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 information

Amendments to Federal Rules of Civil Procedure. electronically stored information. 6 Differences from Paper Documents

Amendments 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 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

Electronic Discovery: Lessons from Zubulake

Electronic Discovery: Lessons from Zubulake Electronic Discovery: Lessons from Zubulake Bruce J. Douglas Daniel J. Ballintine Presented November 29, 2006 to Larkin Hoffman Daly & Lindgren Ltd. 1 Introduction What is a Zubulake, anyway, and how do

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

The Evolution of Electronic Discovery

The Evolution of Electronic Discovery CHAPTER 2 The Evolution of Electronic Discovery 2.1 Introduction... 2 1 2.2 The Sedona Principles... 2 2 2.3 The Zubulake Cases... 2 5 2.4 The Morgan Stanley Decisions... 2 8 2.5 The Amendments to the

More information

Electronic Discovery How can I be prepared? September 2010

Electronic Discovery How can I be prepared? September 2010 Electronic Discovery How can I be prepared? September 2010 Presented by Brian Wilkinson, Director of ediscovery & Computer Forensics brian.wilkinson@us.pwc.com 410-659-3473 Table of Contents Page 1 Electronic

More information

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN RE: AMENDMENTS TO THE TENNESSEE RULES OF CIVIL PROCEDURE Filed: June 20, 2008 ORDER The Advisory Commission on the Rules of Practice & Procedure annually

More information

THE INCREASING RISK OF SANCTIONS FOR ORDINARY NEGLIGENCE IN E-DISCOVERY COMPLIANCE

THE INCREASING RISK OF SANCTIONS FOR ORDINARY NEGLIGENCE IN E-DISCOVERY COMPLIANCE White Paper Series February 2006 THE INCREASING RISK OF SANCTIONS FOR ORDINARY NEGLIGENCE IN E-DISCOVERY COMPLIANCE The law is continuously carving out and redefining the boundaries of electronic document

More information

E-Discovery Basics For the RIM Professional. Learning Objectives 5/18/2015. What is Electronic Discovery?

E-Discovery Basics For the RIM Professional. Learning Objectives 5/18/2015. What is Electronic Discovery? E-Discovery Basics For the RIM Professional By: Andy Sokol, CEDS, CSDS Adding A New Service Offering For Your Legal & Corporate Clients Learning Objectives What is Electronic Discovery? How Does E-Discovery

More information

Ethics and ediscovery

Ethics 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 information

WHITE PAPER: CUSTOMIZE WHITE PAPER: BEST PRACTICES FOR ARCHIVING. Best Practices for Defining and Establishing Effective Archive Retention Policies

WHITE PAPER: CUSTOMIZE WHITE PAPER: BEST PRACTICES FOR ARCHIVING. Best Practices for Defining and Establishing Effective Archive Retention Policies WHITE PAPER: CUSTOMIZE WHITE PAPER: BEST PRACTICES FOR ARCHIVING Confidence in a connected world. Best Practices for Defining and Establishing Effective Archive Retention Policies Sponsored by Symantec

More information

Overview of E-Discovery and Depositions in U.S. IP Litigation

Overview 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 information

Legal Developments in ediscovery: Implications for Security Management

Legal Developments in ediscovery: Implications for Security Management Legal Developments in ediscovery: Implications for Security Management Richard S. Swart and Robert F. Erbacher Utah State University richard.swart@usu.edu Robert.Erbacher@usu.edu Abstract This paper defines

More information

Digital Government Institute. Managing E-Discovery for Government: Integrating Teams and Technology

Digital Government Institute. Managing E-Discovery for Government: Integrating Teams and Technology Digital Government Institute Managing E-Discovery for Government: Integrating Teams and Technology Larry Creech Program Manager Information Catalog Program Corporate Information Security Information Technology

More information

A Brief Overview of ediscovery in California

A 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 information

COMING: NEW FEDERAL RULES ON E-DISCOVERY

COMING: NEW FEDERAL RULES ON E-DISCOVERY COMING: NEW FEDERAL RULES ON E-DISCOVERY By: M. Sean Fosmire Garan Lucow Miller, P.C. Executive Summary Now that e-filing is up and running, the federal courts have moved on to e-discovery and have adopted

More information

Spotlight on Electronic Discovery: What Every Information Audit Professional Needs to Know

Spotlight on Electronic Discovery: What Every Information Audit Professional Needs to Know Spotlight on : What Every Information Audit Professional Needs to Know 1 The Importance of Communication The single biggest problem in communication is the illusion that it has taken place. ---George Bernard

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

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

Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver. (a) Scope of waiver. In federal proceedings, the waiver by

Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver. (a) Scope of waiver. In federal proceedings, the waiver by Advisory Committee on Evidence Rules Proposed Amendment: Rule 502 Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver (a) Scope of waiver. In federal proceedings, the waiver by

More information

ediscovery: A New Approach to Discovery in Federal and State Courts

ediscovery: A New Approach to Discovery in Federal and State Courts ediscovery: A New Approach to Discovery in Federal and State Courts Changes in technology have altered the way lawyers deal with preservation, collection, review, and production of evidence. The electronicdiscovery

More information

E-DISCOVERY IN THE US

E-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 information

Rule 30(b)(6) Depositions in Electronic Discovery. Discovering What There Is to Discover

Rule 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 information

Electronic 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 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 information

THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS

THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS Cynthia L. Gibson, Esq. Katz, Teller, Brant & Hild 255 East Fifth Street Suite 2400 Cincinnati, OH 45202 (513) 977-3418 cgibson@katzteller.com

More information

AUTION! Electronic. The courtroom falls silent. Pinning you with her gaze, the judge inquires, Do you have any questions,

AUTION! 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 information

LEGAL HOLD OBLIGATIONS FOR DISTRICT EMPLOYEES

LEGAL 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 information

SAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE

SAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE SAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE Milton Luoma Metropolitan State University 700 East Seventh Street St. Paul, Minnesota 55337 651 793-1246 (fax) 651 793-1481 Milt.Luoma@metrostate.edu

More information

Best Practices in Electronic Record Retention

Best 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 information

Electronic Discovery in Civil Litigation. Stanley D. Ference III Ference & Associates www.ferencelaw.com

Electronic Discovery in Civil Litigation. Stanley D. Ference III Ference & Associates www.ferencelaw.com Electronic Discovery in Civil Litigation Stanley D. Ference III Ference & Associates www.ferencelaw.com Topics to be Covered Types of Electronic Information Significant Differences Between Traditional

More information

Spotlight on Electronic Discovery: What Every Records Manager Needs to Know

Spotlight on Electronic Discovery: What Every Records Manager Needs to Know 1 Spotlight on Electronic Discovery: What Every Records Manager Needs to Know The Importance of Communication The single biggest problem in communication is the illusion that it has taken place. ---George

More information

CALIFORNIAS NEW ELECTRONIC DISCOVERY ACT ASSEMBLY BILL NO. 5

CALIFORNIAS NEW ELECTRONIC DISCOVERY ACT ASSEMBLY BILL NO. 5 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 information

I. INTRODUCTION. 220 F.R.D. 212 (S.D.N.Y. 2003) ( Zubulake IV ); 229 F.R.D. 422 (S.D.N.Y. 2004) ( Zubulake V ).

I. INTRODUCTION. 220 F.R.D. 212 (S.D.N.Y. 2003) ( Zubulake IV ); 229 F.R.D. 422 (S.D.N.Y. 2004) ( Zubulake V ). Electronic Discovery and Document Retention Guidelines for Government Attorneys and Administrators Prepared by Colin Jorgensen, Arkansas Attorney General s Office, June 2015 I. INTRODUCTION Advancing computer

More information

Electronic Discovery

Electronic 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 information

Archiving and The Federal Rules of Civil Procedure: Understanding the Issues

Archiving and The Federal Rules of Civil Procedure: Understanding the Issues Archiving and The Federal Rules of Civil Procedure: Understanding the Issues An ArcMail Technology Research Paper ArcMail Technology, Inc. 401 Edwards Street, Suite 1620 Shreveport, Louisiana 71101 www.arcmailtech.com

More information

ediscovery 101 Myth Busting October 29, 2009 Olivia Gerroll ediscovery Solutions Group Director

ediscovery 101 Myth Busting October 29, 2009 Olivia Gerroll ediscovery Solutions Group Director ediscovery 101 Myth Busting October 29, 2009 Olivia Gerroll ediscovery Solutions Group Director Background Olivia Gerroll, ediscovery Solutions Group Director Over sixteen years of experience in litigation

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

Best Practices for Enforcing Legal Holds on E-Mail and Electronic Data through Proactive Archiving Sponsored by Symantec

Best Practices for Enforcing Legal Holds on E-Mail and Electronic Data through Proactive Archiving Sponsored by Symantec WHITE PAPER: Best Practices for legal holds Confidence in a connected world. Best Practices for Enforcing Legal Holds on E-Mail and Electronic Data through Proactive Archiving Sponsored by Symantec Jennifer

More information

EPA Classification No.: CIO 2155-P-3.0 CIO Approval Date: 04/04/2014 CIO Transmittal No.: 13-011 Review Date: 04/04/2017

EPA Classification No.: CIO 2155-P-3.0 CIO Approval Date: 04/04/2014 CIO Transmittal No.: 13-011 Review Date: 04/04/2017 EPA Classification No.: CIO 2155-P-3.0 CIO Approval Date: 04/04/2014 CIO Transmittal No.: 13-011 Review Date: 04/04/2017 Collection and Retention Procedures for Electronically Stored Information (ESI)

More information

E-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 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 information

Elements of a Good Document Retention Policy. Discovery Services WHITE PAPER

Elements 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 information

E-Discovery: Tips & Technology

E-Discovery: Tips & Technology October 21 st, 2009 E-Discovery: Tips & Technology Rhea N. Frederick, J.D., Legal Consultant, Kroll Ontrack 2009 Kroll Ontrack Inc. www.krollontrack.com Discussion Overview E-Discovery Overview Electronic

More information

4/10/2015. Be Prepared: How The New Changes To The FRCP Affect Information Governance. Your Presenters. Agenda

4/10/2015. Be Prepared: How The New Changes To The FRCP Affect Information Governance. Your Presenters. Agenda Be Prepared: How The New Changes To The FRCP Affect Information Governance Presented by John Isaza, Esq., FAI CEO, Information Governance Solutions, LLC Wednesday, April 15, 2015 1:00 p.m. (PDT) Your Presenters

More information

Minimizing ediscovery risks. What organizations need to know in today s litigious and digital world.

Minimizing ediscovery risks. What organizations need to know in today s litigious and digital world. What organizations need to know in today s litigious and digital world. The main objective for a corporation s law department is to mitigate risk throughout the company, while keeping costs under control.

More information

ELECTRONIC DISCOVERY AND THE DUTY TO PRESERVE ELECTRONIC DATA. Jeremy D. Wright Kator, Parks & Weiser, P.L.L.C. jwright@katorparks.

ELECTRONIC DISCOVERY AND THE DUTY TO PRESERVE ELECTRONIC DATA. Jeremy D. Wright Kator, Parks & Weiser, P.L.L.C. jwright@katorparks. ELECTRONIC DISCOVERY AND THE DUTY TO PRESERVE ELECTRONIC DATA Jeremy D. Wright Kator, Parks & Weiser, P.L.L.C. jwright@katorparks.com 1 INTRODUCTION THE ELECTRONIC WORKPLACE VOLUME OF ELECTRONIC DATA CREW

More information

By Faith M. Heikkila

By Faith M. Heikkila Shedding Light on the New E-Discovery Rules and the Role of IT April 20, 2007 By Faith M. Heikkila Ph.D. Candidate in Information Systems Regional Security Services Manager - Great Lakes April GR ISSA

More information

Handling Costly E-Discovery Demands in Smaller Cases

Handling Costly E-Discovery Demands in Smaller Cases Chapter 9 Handling Costly E-Discovery Demands in Smaller Cases Neal Walters Neal Walters is of counsel with the firm of Ballard Spahr Andrews & Ingersoll, LLP in its Voorhees, New Jersey office. Mr. Walters

More information

Emerging Legal Hold Practices Under the New Electronically Stored Information (ESI) Rules

Emerging Legal Hold Practices Under the New Electronically Stored Information (ESI) Rules CGOC Legal Holds Luncheon Emerging Legal Hold Practices Under the New Electronically Stored Information (ESI) Rules Thomas A. Lidbury Litigation Partner Mayer, Brown, Rowe & Maw Do I Need An ESI Discovery

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

HOT TIPS ABOUT ESI. Hot Tips From the Coolest Family Law Attorneys Friday, September 27, 2013

HOT TIPS ABOUT ESI. Hot Tips From the Coolest Family Law Attorneys Friday, September 27, 2013 HOT TIPS ABOUT ESI Hot Tips From the Coolest Family Law Attorneys Friday, September 27, 2013 Melissa Fuller Brown 145 King Street, Ste. 405 Charleston, SC 29401 843-722- 8900 melissa@melissa- brown.com

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

www.salixdata.com 513-381-2679

www.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 information

INTERNET 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 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 information

Backup Tape E-Discovery

Backup Tape E-Discovery Shedding Light on New strategies for backing up data and the 2006 amendments to the U.S. Federal Rules of Civil Procedure have led to costly e-discovery nightmares for organizations. A few simple steps

More information

REPORT. Introduction

REPORT. Introduction REPORT Introduction Although courts, lawyers and the legal system try to avoid mistakes, they sometimes happen. There have always been situations where, for one reason or another, material or information

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

Electronic Discovery: Background and Best Practices by David M. Shub, Esq.

Electronic Discovery: Background and Best Practices by David M. Shub, Esq. Electronic Discovery: Background and Best Practices by David M. Shub, Esq. Note: A version of this white paper was originally published in the conference materials for the Atlanta Bar Association s March

More information

Navigating Information Governance and ediscovery

Navigating Information Governance and ediscovery Navigating Information Governance and ediscovery Implementing Processes & Technology to Reduce Downstream ediscovery Cost and Risk Shannon Smith General Counsel, Globanet March 11 12, 2013 Agenda 1 Overview

More information

4/23/2014. E-Discovery. What is ESI? Discovery. Electronically Stored Information. The downside. Discovery generally. E-Discovery

4/23/2014. 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 information

Data Preservation Duties and Protocols

Data Preservation Duties and Protocols Data Preservation Duties and Protocols November 2008 HOU:2858612.3 Discussion Outline I. The Differences Between Electronic and Paper Discovery II. The Parameters of Electronic Discovery III. Rule 37(e)

More information

Five Rules for Discovery of Electronically Stored Information

Five Rules for Discovery of Electronically Stored Information Five Rules for Discovery of Electronically Stored Information Eastern North Carolina Inn of Court Spring Meeting New Bern, NC May 17, 2012 M ARK SCRUGGS C LAIMS COUNSEL L AWYERS MUTUAL 5020 Weston Parkway,

More information

Strategies for Preparing for E-Discovery

Strategies for Preparing for E-Discovery Strategies for Preparing for E-Discovery The amendments to the U.S. Federal Rules of Civil Procedure regarding the discovery of electronically stored information make it imperative for organizations to

More information

First Published December 2005 California Litigation, the Journal of the Litigation Section, State Bar of California, Volume 18, Number 3

First Published December 2005 California Litigation, the Journal of the Litigation Section, State Bar of California, Volume 18, Number 3 First Published December 2005 California Litigation, the Journal of the Litigation Section, State Bar of California, Volume 18, Number 3 E-DISCOVERY BASICS "Because of their ubiquitous nature, documents

More information

102 ediscovery Shakedown: Lowering your Risk. Kindred Healthcare

102 ediscovery Shakedown: Lowering your Risk. Kindred Healthcare 102 ediscovery Shakedown: Lowering your Risk Long-Term Care Session HCCA Compliance Institute April 27, 2009 Las Vegas, Nevada Presented by: Diane Kissel, Manager IS Risk & Compliance Kindred Healthcare,

More information