Predictability in E-Discovery

Size: px
Start display at page:

Download "Predictability in E-Discovery"

Transcription

1 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 LLP Laurie A. Weiss Partner Fulbright & Jaworski L.L.P Ceyda Tocsoy Manager, Litigation Support & Technology Torys LLP

2 E-Discovery Planning for Reducing Costs John G. Roman, Jr. National Manager, Practice Group Technology Services Nixon Peabody LLP

3 Problems More than 90% of all business information is digital Average s per day for management lacks formality Many documents exist in multiple copies and in multiple locations Cheaper to store electronic data than delete it Delete does not mean destroy ESI thought to be deleted may not be irretrievably destroyed! Courts have ordered: Parties to produce hard drives to recover deleted files Court-appointed experts to analyze a producing party s hard drive and server to recover information

4 and More Problems Clients do not Follow or have data retention policies Know where data is located Work with their IT departments Attorneys FUD Are not familiar with complexities of electronic discovery Do not understand forms of production Do not engage litigation support upon case inception Fear Uncertainty and Doubt

5 Why Plan? If you don t know where you re going any road will get you there. A plan is worth very little. The process of planning is essential. Dwight D. Eisenhower

6 Pieces of ediscovery Planning Before Litigation When Litigation is Pending During Litigation Production Requests

7 The Deliverables Data Map ediscovery Plan Data Retention Policies and Procedures Litigation Readiness Plan Data Collection Plan Litigation Hold Plan Technology Inventory Cost Estimates

8 Elements of an ediscovery Plan Prior to Litigation Document and Implement Policies Data Retention Litigation Hold Data Preservation Document Current Systems, Networks, and Data Locations Include PDA s, Blackberry s, and Removable Media Identify Inaccessible Data Current Data Backup Policies and Procedures Identify ediscovery request cross functional response teams Inside and Outside Counsel Information Technology Human Resources Audit Determine Scope of ediscovery Requests Identify internal capabilities (What can and cannot be handled in house? ) Select tools for data collection, review and production Negotiate preferred vendor agreements Identification and training of a 30(b)(6) witness Data Retention Policies Litigation Hold Data Map Litigation Readiness Plan Technology Inventory

9 Elements of an ediscovery Plan When Litigation is Pending Implementation of policies Litigation Hold Identification of legal and litigation services team members Early Case Assessment Meet and Confer Custodian Identification Search Term Agreement Form of Production Negotiation with Opposing Counsel Related to ediscovery obligations Define Data Collection Methods, Resources and Storage Forensically or Windows Copy? Preservation of meta data? ediscovery Plan Cost Estimates

10 Elements of an ediscovery Plan When Litigation is Pending Data Collection Plan How much data? Where is it located Number of Custodians Types of Data and Systems Data Analysis Definition of filter methods and terms Cost estimates for: Collection Filtering Processing Review Data Collection Plan Cost Estimates

11 Elements of an ediscovery Plan Production Form of Production Rolling Productions Deadlines Estimated Costs ediscovery Plan Cost Estimates

12 Steps of ediscovery Planning Step 5 Stick to the Plan Step 4 Identify Response Members Step 3 Involve IT and Litigation Services Step 2 Engage an experienced ediscovery law firm Step 1 Policy Creation

13 Benefits Reduce overall cost of electronic discovery Reduce stress of affected employees Mitigate risks associated with electronic discovery Possess more control of ediscovery process

14 Research Capture Unify Proactive Measures Law Firms Can Take To Better Facilitate The E-discovery Process Tom Barce Assistant Director of Practice Support Fulbright & Jaworski LLP

15 Internal Discovery Research Capture metrics by case Recognize highs and lows in metrics Track how estimates translate into reality Use your valleys wisely

16 Manage & Capture Service Providers Frequent, substantial shifts in methodology Compare apples to apples Leverage business Capacity commitments Survey the market regularly Look out for talent drain

17 Manage & Capture Client Data Assess client IT infrastructure early Assess data early Acknowledge the unknowns Filter, test & sample data

18 Formulate a Consistent Approach Specifications for vendors Reporting from vendors Production specifications

19 The Strategic Benefits of the Amended FRCP Use meet and confer to your advantage Limit the scope of discovery (and, therefore, e- discovery costs) Suggest or object to form of production. Remember the subtleties of exchange, such as field names, file types, etc that can be a burden from case to case.

20 Are We There Yet? Revise your approach What does emerging case law illustrate?

21 Resources The Electronic Discovery Reference Model NALSM A service provider near you

22 E-Discovery and Compliance with the Federal Court Rules Laurie A. Weiss Partner, Fulbright & Jaworski L.L.P. Lisa Habbeshaw Adjunct Professor, Electronic Evidence & Discovery West Valley College, Saratoga, CA

23 shall govern in all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending.

24 Primary Impact of Amended Federal Rules Early and comprehensive information retrieval and preservation Rule 26(f) Identifying and disclosing inaccessible data Rule 26(b)(2)(B) Risks of waiving attorney client privilege or privacy rights and forfeiting confidentiality Rule 26(b)(5) Proposed Rule of Evidence 502 Producing in the proper form (metadata) Rule 34(b) The burden of tiered production Limited safe harbor Rule 37

25 New Expectations And Benchmarks Duty to preserve: when litigation is reasonably anticipated Preservation efforts continuously monitored Both attorney and client share the duty Duty to preserve may extend to home computers, accounts, information held by third parties Preservation efforts: defensible to court and opposing parties Cost burden and cost shifting

26 Duty to Preserve - From The Judge s Perspective Good Faith Business Reasonableness Evading Discovery Intentionally Destroying Evidence Impeding the Litigation

27 Was a Duty to Preserve Triggered? Indicators To Court Of Good Faith Determination made whether circumstances give rise to a credible threat of litigation Procedure established for reporting potential threats of legal action to responsible decision maker Whether credible threat exists is based on established procedure consistently followed Whether threat is credible is based on prudent investigation and evaluation of relevant facts, circumstances, company s experience Responsible, trained decision maker determines when litigation is reasonably anticipated based on known facts Evaluation process analyzed by courts and opposing parties based on consistent application of established process in good faith no hindsight evaluation

28 Cost Shifting Presumption: responding party pays Rule 26(c) - responding party may invoke the district court s discretion under Rule 26(c) to grant orders protecting him from undue burden or expense. A Cost Paradigm Shift may be occurring Rule 26(b)(2) inaccessible data

29 Cost Shifting in Practice Object to scope of overbroad requests Prove or disprove inaccessibility Argue the factors of Rowe and Zubulake I, etc. Offer or request sample production (or prepare for order to sample) Expect client will pay its own costs to review documents before production Consider claw-back, other privilege protocols to control costs of attorney review Be more aggressive if client is a third party to litigation

30 Opportunities to Increase Predictability Manage ESI early Seize opportunities to drive desired results It s about the process no silver bullets

31 Ready Reference to Federal Rules Rule 16 Rule 26(f) Rule 26(a) Rule 26(b) Rule 33 Rule 34 Rule 37(f) Rule 45 Scheduling Order Early Meeting of Counsel Initial Disclosures Duty to Disclose Limits on Scope Inadvertently Produced Materials Interrogatories to Parties Demand for Documents Sanctions Subpoenas

32 Ready Reference to Federal Rules cont 21 days before a scheduling conference or 21 days before a Rule 16(b) scheduling order, the parties must confer to discuss any issues relating to preserving discoverable information to develop a proposed discovery plan

33 Ready Reference to Federal Rules cont Rule 26(f) Conference issues include: Preservation of electronic information Details about each party s I.T. system (including definitions) Accessible & Not Reasonably Accessible (NRA) data under Rule 26(b)(2)(B) Form or forms of production Scope and timing of discovery Issues re claims of privilege (clawback & sneak peek) Development of a discovery plan that incorporates each party s system capabilities

34 Microsoft Submitted to Federal Rules Committee

35 Two Tier System for ESI Reasonably Accessible and Relevant to the Claims and Defenses (not subject matter relevance) Not Reasonably Accessible (NRA) Based on Undue Burden or Cost

36 Two Tier System for ESI Reasonably Accessible and Relevant to the Claims and Defenses (not subject matter relevance) Not Reasonably Accessible (NRA) Based on Undue Burden or Cost

37 ESI Not Reasonably Accessible Certain Backup Tapes and Databases ESI destroyed in good faith in accordance with a reasonable document retention policy ESI requiring restoration from obsolete resources ESI Legacy Data not migrated to new systems ESI requiring forensic recovery or Damaged Media Fragmented data; slack space or unallocated space

38 Demonstration of Good Cause The specificity of the discovery request The quantity of the information available from other AND more easily accessible sources The failure to produce relevant information that seem likely to have existed but is no longer available on more easily accessible sources The likelihood of finding relevant, responsive information that cannot be obtained from other more easily accessible sources Predictions as to the importance and usefulness of the further information Importance of the issues at stake and the parties resources

39 Motion Practice and Court Rulings Deny Request Limit Discovery Request Conditional Production Cost Shifting/Cost Sharing or Data Sampling

40 Resources Moores Federal Practice: ISBN Includes Analysis by Hon. S. Sheindlin New Rules: NCCUSL:www.law.upenn.edu/bll/archives/ulc/u doera/2007annualmeeting_draft.htm CCJ Guidelines: Sedona: Lorraine v. Markel Am. Ins. Co., 241 F.R.D. 534 (D. Md. 2007)

41 Thank You!!!

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

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

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

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

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

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

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

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

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

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

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

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

Legal Arguments & Response Strategies for E-Discovery

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

More information

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

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

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 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

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

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

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

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

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

The Intrusive Nature of Discovery in U.S. Patent Litigation

The Intrusive Nature of Discovery in U.S. Patent Litigation The Intrusive Nature of Discovery in U.S. Patent Litigation October 16, 2014 Jeffrey R. Schaefer jschaefer@ulmer.com All patent infringement litigation in the U.S. takes place in federal courts. Cases

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

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

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

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

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

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

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

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

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

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

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

Proactive Data Management for ediscovery

Proactive Data Management for ediscovery Proactive Data Management for ediscovery Simon Taylor Snr. Director Information Management CommVault Systems Inc. Why ediscovery sucks for IT The US Federal Rules of Civil Procedure Rule 34(a), (b) Definition

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

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

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 for Paralegals: Definition, Application and FRCP Changes. April 27, 2007 IPE Seminar

E-Discovery for Paralegals: Definition, Application and FRCP Changes. April 27, 2007 IPE Seminar E-Discovery for Paralegals: Definition, Application and FRCP Changes April 27, 2007 IPE Seminar Initial Disclosures ESI Electronically Stored Information FRCP 26(a)(1)(B) all ESI must be disclosed initially

More information

E-DISCOVERY IN FEDERAL COURT: SIX CHANGES YOU SHOULD MAKE TO YOUR PRACTICE IN THE DISCOVERY PHASE OF THE CASE By Kary Pratt

E-DISCOVERY IN FEDERAL COURT: SIX CHANGES YOU SHOULD MAKE TO YOUR PRACTICE IN THE DISCOVERY PHASE OF THE CASE By Kary Pratt E-DISCOVERY IN FEDERAL COURT: SIX CHANGES YOU SHOULD MAKE TO YOUR PRACTICE IN THE DISCOVERY PHASE OF THE CASE By Kary Pratt 1. YOU MUST CHANGE THE WAY YOU REQUEST DOCUMENTS - FRCP 34(a) explicitly recognizes

More 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

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

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

Using Digital Document Management to Better Meet e-discovery Requirements

Using Digital Document Management to Better Meet e-discovery Requirements Using Digital Document Management to Better Meet e-discovery Requirements A Laserfiche Executive Focus White Paper Introduction At one time or another, every organization faces litigation, and when it

More information

GUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION

GUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION GUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION Experience increasingly demonstrates that discovery of electronically stored information ( ESI poses challenges

More information

e-docs and Forensics in the New e-discovery Era

e-docs and Forensics in the New e-discovery Era ELECTRONICALLY STORED INFORMATION e-docs and Forensics in the New e-discovery Era www.aplf.org FRAMEWORK Overview of the Rule Changes Pre-Litigation Planning IT Audit Document Retention Policies Planning

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Regents of the University of Colorado, The v. Allergan, Inc. et al Doc. 69 Civil Action No. 1:14-cv-01562-MSK-NYW IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO THE REGENTS OF THE UNIVERSITY

More information

General Items Of Thought

General Items Of Thought ESI PROTOCOLS & CASE LONG BUDGETS General Items Of Thought What s a GB =??? What Are Sources Of Stored Data? What s BYOD mean??? The Human Factor Is At Play! Litigation Hold Duty Arises When? Zubulake

More 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

NLRB: NxGen Case Management, E-Government and E-Discovery

NLRB: NxGen Case Management, E-Government and E-Discovery NLRB: NxGen Case Management, By: James G. Paulsen, Assistant General Counsel, OGC and Bryan Burnett, Chief Information Officer, OCIO, National Labor Relations Board A. Next Generation (NxGen) Case Management

More 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

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

California Electronic Discovery Rules. William W. Belt, Jr.

California Electronic Discovery Rules. William W. Belt, Jr. California Electronic Discovery Rules William W. Belt, Jr. July 16, 2009 Today s speaker and some notes... Bill Belt William.Belt@LeClairRyan.com Welcome. With the high number of attendees, please note

More 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

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

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

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

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

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

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

REINHART. Labor & Employment E-News E-NEWSLETTER ATTORNEYS:

REINHART. Labor & Employment E-News E-NEWSLETTER ATTORNEYS: REINHART E-NEWSLETTER ATTORNEYS: ROBERT K. SHOLL, CHAIR JEFFREY P. CLARK JOHN H. ZAWADSKY LYNN M. STATHAS DAVID J. SISSON CHRISTOPHER P. BANASZAK ROBERT J. MUTEN DARYLL J. NEUSER SUSAN B. WOODS JENNIFER

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

Emerging Topics for E-Discovery. October 22, 2014

Emerging Topics for E-Discovery. October 22, 2014 Emerging Topics for E-Discovery October 22, 2014 ACEDS Membership Benefits Training, Resources and Networking for the E-Discovery Community! Exclusive News and Analysis! Weekly Web Seminars! Podcasts!

More information

Article originally appeared in the Fall 2011 issue of The Professional Engineer

Article originally appeared in the Fall 2011 issue of The Professional Engineer Article originally appeared in the Fall 2011 issue of The Professional Engineer Electronic Discovery in Litigation By Douglas P. Jeremiah, P.E., Esq. Your firm is involved in litigation and you get the

More information

ZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery. ZL TECHNOLOGIES White Paper

ZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery. ZL TECHNOLOGIES White Paper ZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery ZL TECHNOLOGIES White Paper PAGE 1 A project manager s guide to e-discovery In civil litigation, the parties in a dispute are required to provide

More information

3 "C" Words You Need to Know: Custody - Control - Cloud

3 C Words You Need to Know: Custody - Control - Cloud 3 "C" Words You Need to Know: Custody - Control - Cloud James Christiansen Chief Information Security Officer Evantix, Inc. Bradley Schaufenbuel Director of Information Security Midland States Bank Session

More information

E-Discovery in Practice: A Roadmap for Financial Institutions

E-Discovery in Practice: A Roadmap for Financial Institutions E-Discovery in Practice: A Roadmap for Financial Institutions Martha R. Mora Martha R. Mora, Esq. ARHM&F Avila Rodriguez Hernandez Mena & Ferri LLP 2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, Florida

More 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

Electronic Discovery: Understanding Preservation Obligations, the Potential for Cost-Shifting, and Current Developments

Electronic Discovery: Understanding Preservation Obligations, the Potential for Cost-Shifting, and Current Developments Electronic Discovery: Understanding Preservation Obligations, the Potential for Cost-Shifting, and Current Developments Electronic Discovery - What s All The Talk About? November 2004 1313 North Market

More information

NEW RULES FOR ELECTRONICALLY STORED INFORMATION

NEW RULES FOR ELECTRONICALLY STORED INFORMATION April 3, 2007 NEW RULES FOR ELECTRONICALLY STORED INFORMATION SUMMARY: On December 1, 2006, the federal courts enacted new rules to address electronically stored information ( ESI ) such as emails, reports,

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

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

Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KYLE ALEXANDER, and DYLAN SYMINGTON, on behalf of themselves and all those

More 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

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

California Enacts New E-Discovery Rules that Mirror Federal Court E-Discovery Rules - with One Exception

California Enacts New E-Discovery Rules that Mirror Federal Court E-Discovery Rules - with One Exception A Timely Analysis of Legal Developments A S A P In This Issue: July 2009 On June 30, 2009 California became the 22nd state to enact separate rules that specifically address electronic discovery. The new

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

Friday 31st October, 2008.

Friday 31st October, 2008. Friday 31st October, 2008. It is ordered that the Rules heretofore adopted and promulgated by this Court and now in effect be and they hereby are amended to become effective January 1, 2009. Amend Rules

More 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

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

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

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

CORPORATE RECORD RETENTION IN AN ELECTRONIC AGE (Outline)

CORPORATE RECORD RETENTION IN AN ELECTRONIC AGE (Outline) CORPORATE RECORD RETENTION IN AN ELECTRONIC AGE (Outline) David J. Chavolla, Esq. and Gary L. Kemp, Esq. Casner & Edwards, LLP 303 Congress Street Boston, MA 02210 A. Document and Record Retention Preservation

More information

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods.

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods. Supreme Court Rule 201. General Discovery Provisions (a) Discovery Methods. Information is obtainable as provided in these rules through any of the following discovery methods: depositions upon oral examination

More 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

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

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

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

E-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions

E-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions E-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions 11 E-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions Introduction Much has been said about

More information

DIGITAL FORENSIC TECHNOLOGY SEE BEYOND THE NUMBERS

DIGITAL FORENSIC TECHNOLOGY SEE BEYOND THE NUMBERS DIGITAL FORENSIC TECHNOLOGY Key Terms and Definitions Forensic Technology e-discovery Computer Forensics Data Analysis / Data Mining FRCP - Revised Key Terms and Definitions Forensic Technology - The application

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

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

Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES

Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES by Sharon D. Nelson, Bruce A. Olson and John W. Simek American Bar Association 2006 745 pp. Reviewed by William

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

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

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

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