Electronically Stored Information
|
|
- Aron Lindsey
- 8 years ago
- Views:
Transcription
1 Electronically Stored Information The Complete Guide to Management, Understanding, Acquisition, Storage, Search, and Retrieval David Robert Matthews DRFS, CSFA fc Croup, business feook
2 Foreword Preface Acknowledgments The Author xv xvii xix xxi Chapter 1 What Is Electronic Information, and Why Should You Care? Introduction Electronically Stored Information (ESI) and the Federal Rules of Civil Procedure Changes to the Federal Rules of Civil Procedure 3 Rule 16 (b)(5) and (6) Pretrial Conferences; Scheduling Management Rule 26 General Provisions Governing Discovery; Duty of Disclosure Rule 37 Safe Harbor Rule 34 (b) Producing... 13
3 vi Contents Rule 33 (d) Interrogatories to Parties Rule 45 Subpoena Form Federal Rules of Evidence FRE FRE Case Law Examples Bass v. Miss Porter's School (D. Conn. Relevancy Crispin v. Christian Audi0er, Inc. (CD. Information Romano v. Steelcase (NY. Sup. Q. 2010) Another Social Media Privacy Case Spoliation Examples Inc. v. Vanaire, Inc. (W. D. Ky. to Reasonably Expect Litigation Olson v. Sax (E. D. Wis. Harbor Rule Spieker v. Quest Cherokee, LLC (D. Kan. Is the Practice 27
4 Electric Sys., Inc. v. Cleveland Die and Mfg. Co. (E.D. Mich. of Evidence as Requested in Meet and Confer Takeda Pharm. Co., Ltd. v. Teva Pharm. USA, Inc. (D. Del. Reasonably Accessible? O'Neill v. the City of Shoreline (Wash. Are Data and Home Computers Are Williams v. District of Columbia "Claw-Back" Rules Can You Pacific Coast Steel, Inc. v. Leany (D. Nev. Privilege Kipperman v. Onex Corp. (N.D. GA. Textbook Case Pippins v. LLP (S.D.NY. Much Data Do You Really Have to Keep Chen v. Dougherty (W.D. WA. 7/7/09) Attorney Gets a Slap for Incompetence 33
5 United Central Bank v. Fashions, Inc. (N.D. 9/21/11) Spoliation Sanctions That Hurt the Party but Not Their Attorney Pension of Univ. of Montreal Pension Plan v. Bank of Am. LLC (S.D.N.Y 1/15/10) Holmes v. Petrovich Development Company, LLC (CA Court of Appeals, October, Sent from Work Not Privileged Lester v. Allied Concrete Company (Circuit Court VA, September, 2011) Original Award Reduced Due to Withholding of Facebook Evidence The Rulings of Judge Pension, and National Day Labor Other Federal Rules That Affect Electronic Data The Problems with ESI as Discoverable Evidence 45 Why and How This Affects the Practice of Law How This Affects Business Organizations Effects on Government Entities What This Might Mean to You as an 57
6 ix Chapter 2 Translating Geek: Information Technology versus Everyone Else Introduction The Role of Information Technology 62 The Information Technologist's Perspective Information Technology as an Ally Translating Geek 77 Chapter 3 Where is Electronically Stored Information? It's Everywhere! Introduction The Basics Database Systems Systems File and Print Servers Messaging Services Mobile Devices Physical Access Records Telecommunications Cellular Devices Video Internet or Online Data Storage Media Desktop Computer Facts Metadata and Other Nonapparent Data Conclusion 167 Chapter 4 Who's in Charge Here? Allies, Owners, and Stakeholders The (Long) List of Stakeholders Information Technology Professionals Legal Staff Records Managers 174
7 x Contents Auditors Department Heads, Vice Presidents, and Executives Physical and Information Security Personnel Ownership of Data Data Control Considerations Required Skill Sets and Tools 185 Chapter 5 The Hunt: Recovery and Acquisition Introduction Where Oh Where Has My Data Gone? Applications as a Vital User Interface Hidden or Restricted Access Data Encrypted Data Deleted or Corrupted Data Proprietary Data or Data Stored on Obsolete Media Privileged, Sensitive, and Inaccessible Data Management Proving Ownership and Integrity Marking Time Is Recorded and Ensuring Integrity Legal and Sound Acquisition 233 Chapter 6 Keeping Your Treasures: Preservation and Management Introduction Securing the Data Access Control and Management Organization and Management Techniques Organization 252
8 xi Management of Data over Response to Litigation or Audits 258 Safe Storage Issues and Considerations Litigation Hold 267 Loss of Relevant Data Automated Technical Solutions 272 Chapter 7 Sharing Is Good: Dissemination and Reporting Introduction Format or Usable? Mediums for Transfer Creating Readable Reports Tips for Depositions and Expert Witness Conclusion 290 Glossary 293 Appendix Links and References for More Information 329 Appendix B: Forms and Guides 335 Appendix C: Links to Technical Software Solutions Index 357
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 informationThe 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 informationIn-House Solutions to the E-Discovery Conundrum
125 In-House Solutions to the E-Discovery Conundrum Retta A. Miller Carl C. Butzer Jackson Walker L.L.P. April 21, 2007 www.pointmm.com I. OVERVIEW OF THE RULES GOVERNING ELECTRONICALLY- STORED INFORMATION
More informationProfessional Responsibility and New Technology
Professional Responsibility and New Technology Kelly A. Campbell Spencer Fane Britt & Browne LLP Presentation to Association of Corporate Counsel May 9, 2012 Overview Competence: Duty to know Social Media
More informationDISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP
DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP Presented by Frank H. Gassler, Esq. Written by Jeffrey M. James, Esq. Over the last few years,
More informationAmendments to Federal Rules of Civil Procedure. electronically stored information. 6 Differences from Paper Documents
Amendments to Federal Rules of Civil Procedure Electronic Discovery effective Dec. 1, 2006 Copyright David A. Devine GROH EGGERS, LLC Rules amended: 16, 26, 33, 34, 37 & 45 Sources of information: Rules
More informationThe 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 informationElectronic 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 informationLegal Issues of Forensics in the Cloud
Legal Issues of Forensics in the Cloud About Me Owner, Titan Info Security Group, LLC A Risk Management and Cyber Security Law Firm Partner, OnlineIntell, LLC Protecting online brands and reputation while
More informationSocial Media & ediscovery: Untangling the Tweets for the Trials
Social Media & ediscovery: Untangling the Tweets for the Trials Jack Halprin, Esq. Vice President, ediscovery & Compliance POWER PROTECT PROMOTE Agenda Social Media Sites: What, Who, Where & How Discoverability
More informationXact Data Discovery. Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. ediscovery for DUMMIES LAWYERS. MDLA TTS August 23, 2013
MDLA TTS August 23, 2013 ediscovery for DUMMIES LAWYERS Kate Burke Mortensen, Esq. kburke@xactdatadiscovery.com Scott Polus, Director of Forensic Services spolus@xactdatadiscovery.com 1 Where Do I Start??
More informationElectronic Evidence and Discovery: The Changes in the Federal Rules. April 25, 2007 Bill Belt
Electronic Evidence and Discovery: The Changes in the Federal Rules April 25, 2007 Bill Belt Key dates» 2000 Judge Scheindlin coins term ESI in Boston College Law Review Article.» 2000 Chair of the Advisory
More informationE-DISCOVERY IN CANADA
0 E-DISCOVERY IN CANADA Todd J. Burke Kelly Friedman Andrew J. McCreary James Morton Susan Nickle Vincenzo Rondinelli Glenn Smith James Swanson Susan Wortzman Foreword by The Honourable Colin L. Campbell
More informationAcknowledgments Introduction: Welcome to the Labyrinth. CHAPTER 1 Gathering the Evidence 1. CHAPTER 2 Third-Party Experts 25
Acknowledgments Introduction: Welcome to the Labyrinth xi xiii CHAPTER 1 Gathering the Evidence 1 Form 1.1: General Preliminary Electronic Evidence Questions for Your Client 3 Form 1.2: Checklist to Define
More informationUNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com
UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia
More informationA 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 informationDOCSVAULT 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 informationE-DISCOVERY: BURDENSOME, EXPENSIVE, AND FRAUGHT WITH RISK
E-DISCOVERY: BURDENSOME, EXPENSIVE, AND FRAUGHT WITH RISK If your company is involved in civil litigation, the Federal Rules of Civil Procedure regarding preservation and production of electronic documents
More informationSocial Media in Tribunal Proceedings
Social Media in Tribunal Proceedings Case Management Challenges Associate Professor Michael Legg m.legg@unsw.edu.au Overview Social Media Definition Electronically Stored Information Cloud Computing Use
More information2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013
1 2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013 CONTEXT 2006 FEDERAL COURT E-DISCOVERY AMENDMENTS The 2006 Federal E-Discovery
More information4/23/2014. E-Discovery. What is ESI? Discovery. Electronically Stored Information. The downside. Discovery generally. E-Discovery
E-Discovery Emily Keimig Lori Philips 303.299.8240 404.567.4377 ekeimig@shermanhoward.com lphillips@shermanhoward.com What is ESI? Electronically Stored Information The downside Discovery Discovery generally
More informationPROPOSED ELECTRONIC DATA DISCOVERY GUIDELINES FOR THE MARYLAND BUSINESS AND TECHONOLOGY CASE MANAGEMENT PROGRAM JUDGES
PROPOSED ELECTRONIC DATA DISCOVERY GUIDELINES FOR THE MARYLAND BUSINESS AND TECHONOLOGY CASE MANAGEMENT PROGRAM JUDGES What follows are some general, suggested guidelines for addressing different areas
More informationBook 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 informationSocial Media E-Discovery: Process & Technology
Social Media E-Discovery: Process & Technology Presented by: John Patzakis, X1 Discovery, Inc. Don Swanson, Five Star Legal and Compliance Systems, Inc. Hosted by LexisNexis and X1 Discovery Social Media
More informationElectronic Discovery Rules & Social Media
Electronic Discovery Rules & Social Media What is ESI? ESI is any information stored in electronic form All ESI is discoverable if relevant and reasonably accessible Privileges and other exceptions to
More informationE-Discovery Best Practices
José Ramón González-Magaz jrgonzalez@steptoe.com E-Discovery Best Practices www.steptoe.com November 10, 2010 Importance of E-Discovery 92% of all data is ESI. Source: Berkeley Study. 97 billion e-mails
More informationElectronic Discovery: Litigation Holds, Data Preservation and Production
Electronic Discovery: Litigation Holds, Data Preservation and Production April 27, 2010 Daniel Munsch, Assistant General Counsel John Lerchey, Coordinator for Incident Response 0 E-Discovery Rules Federal
More information2004 E-Discovery Developments: Year in Review
2004 E-Discovery Developments: Year in Review Sean Foley, Esq., Legal Consultant Michele C.S. Lange, Esq., Staff Attorney, Legal Technologies January 20, 2005 Presenters Sean Foley, Esq., Legal Consultant
More informationEmerging 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 informationCORPORATE 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 informationCOALSP 2013 E-Discovery Case Law Update. Drew Unthank Partner Wheeler Trigg O Donnell LLP
COALSP 2013 E-Discovery Case Law Update Drew Unthank Partner Wheeler Trigg O Donnell LLP Agenda Where have we come from? Where are we now? Where are we going? Antacids Where Have We Come From? Litigation
More informationNLRB: NxGen Case Management, E-Government and E-Discovery
NLRB: NxGen Case Management, By: James G. Paulsen, Assistant General Counsel, OGC and Bryan Burnett, Chief Information Officer, OCIO, National Labor Relations Board A. Next Generation (NxGen) Case Management
More informationCOMING: 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 informationMichigan'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 informationReduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY
2016 CLM Annual Conference April 6-8, 2016 Orlando, FL Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY Understanding e-discovery definitions and concepts is critical to working with vendors,
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Edward C. Rickstang (SBN RICHMOND & FIELDS LLP S. Rawlston Avenue Suite 0 Altford, CA 01 Tel: ( 0- Fax: ( 0- Attorneys for Plaintiff HEALTHBILL SYSTEMS, LLC UNITED STATES DISTRICT COURT CENTRAL DISTRICT
More informationMetadata, Electronic File Management and File Destruction
Metadata, Electronic File Management and File Destruction By David Outerbridge, Torys LLP A. Metadata What is Metadata? Metadata is usually defined as data about data. It is a level of extra information
More informationEthics and ediscovery
Ethics and ediscovery John Mansfield and Devon Newman January 6, 2012 1 2013, MansfieldLaw ediscovery basics We will cover: Preservation and spoliation Searching and producing documents Supervising lawyers
More informationFriday 31st October, 2008.
Friday 31st October, 2008. It is ordered that the Rules heretofore adopted and promulgated by this Court and now in effect be and they hereby are amended to become effective January 1, 2009. Amend Rules
More informationHow To Write A Hit Report On A Lawsuit Against A Company
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 informationNavigating 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 informationCurrent Trends in Litigation Involving the Use of Social Media
Current Trends in Litigation Involving the Use of Social Media John B. Kearney Partner and Head, New Jersey Litigation Group Ballard Spahr LLP 1 Introduction Social media now affect all phases of litigation
More informationSocial Media. e-discovery and Litigation Issues in the Advanced Age of Technology. September 26-29, 2010 ACI-NA 19 th Annual Conference and Exhibition
Social Media and Litigation Issues in the Advanced Age of Technology TOPIC When Worlds Collide Litigation 3 1 Social Media 2 EARLY ESI MANAGEMENT Kircoska v. United States (circa 1970) Request for Production
More informationA PRIMER ON THE NEW ELECTRONIC DISCOVERY PROVISIONS IN THE ALABAMA RULES OF CIVIL PROCEDURE
A PRIMER ON THE NEW ELECTRONIC DISCOVERY PROVISIONS IN THE ALABAMA RULES OF CIVIL PROCEDURE Effective February 1, 2010, the Alabama Rules of Civil Procedure were amended to provide for and accommodate
More informationThe e-discovery edge: Expertise and preparation can save millions *
The e-discovery edge: Expertise and preparation can save millions * magine having to produce every e-mail you've sent or received in the past year, including ones you've deleted. Then add every spreadsheet
More informationCOURT 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 informationSupreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods.
Supreme Court Rule 201. General Discovery Provisions (a) Discovery Methods. Information is obtainable as provided in these rules through any of the following discovery methods: depositions upon oral examination
More informationSpotlight 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 informationBEYOND 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 informationDiscussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners
Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners INTRODUCTION Virtually all modern discovery involves electronically stored information (ESI). The production and
More informationE-Discovery Guidance for Federal Government Professionals Summer 2014
E-Discovery Guidance for Federal Government Professionals Summer 2014 Allison Stanton Director, E-Discovery, FOIA, & Records Civil Division, Department of Justice Adam Bain Senior Trial Counsel Civil Division,
More informationElectronic Discovery
Electronic Discovery L. Amy Blum, Esq. UCLA University of California, Los Angeles 1 Topics Not Covered Best practices for E-mail E use and retention in the ordinary course of business Records Disposition
More informationVermont Bar Association. E-Discovery, Part 4. March 21, 2014 Hilton Burlington, VT
Vermont Bar Association Seminar Materials 57 th Mid-Year Meeting E-Discovery, Part 4 March 21, 2014 Hilton Burlington, VT Faculty: Matthew B. Byrne, Esq. James Knapp, Esq. Greg Weimer, Esq. Vermont Bar
More informationBest Practices in Electronic Record Retention
A. Principles For Document Management Policies Arthur Anderson, LLD v. U.S., 544 U.S. 696 (2005) ( Document retention policies, which are created in part to keep certain information from getting into the
More informationOverview of E-Discovery and Depositions in U.S. IP Litigation
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Overview of E-Discovery and Depositions in U.S. IP Litigation Naoki Yoshida April 19, 2013 TOPICS E-Discovery in U.S. IP Litigation Depositions in U.S.
More informationPretrial 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 informationDIGITAL 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 informationDiscovery of Social Media: The Seventh Circuit E-Discovery Pilot Program. Ronald L. Lipinski, Seyfarth Shaw LLP Jay C. Carle, Seyfarth Shaw LLP
Discovery of Social Media: The Seventh Circuit E-Discovery Pilot Program Ronald L. Lipinski, Seyfarth Shaw LLP Jay C. Carle, Seyfarth Shaw LLP 04/05/2013 Before we get started I. Intro a) Definition &
More information(Previously published in The Legal Intelligencer, November 8, 2011) New Cost Guidelines for E-Discovery by Peter Vaira
(Previously published in The Legal Intelligencer, November 8, 2011) New Cost Guidelines for E-Discovery by Peter Vaira In a recent case in the Eastern District, Judge Legrome Davis upheld court costs of
More informationCalifornia Electronic Discovery Rules. William W. Belt, Jr.
California Electronic Discovery Rules William W. Belt, Jr. July 16, 2009 Today s speaker and some notes... Bill Belt William.Belt@LeClairRyan.com Welcome. With the high number of attendees, please note
More informationData 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 informationFlorida E-Discovery 2013
Florida E-Discovery 2013 Christopher.Hopkins @Akerman.com Palm Beach Bar Association Employment Law Committee Florida E-Discovery 2013 Download This PPT: InternetLawCommentary.com Palm Beach Bar Association
More informationE-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE. Ana Maria Martinez April 14, 2011
E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE Ana Maria Martinez April 14, 2011 This presentation does not present the views of the U.S. Department of Justice. This presentation is not legal advice.
More informationThe Duty of Preservation
Session 6 ERM Case Law: The Annual MER Update of the Latest News, Trends, & Issues Hon. John M. Facciola United States District Court, District of Columbia Kenneth J. Withers, Esq. Deputy Executive Director,
More informationCOURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014
COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Professors:Mark Austrian Christopher Racich Fall 2014 Introduction The ubiquitous use of computers, the
More informationCOST-EFFECTIVE SOLUTIONS TO MITIGATE RISK AND CONTROL LITIGATION COSTS
Legal White Paper Series: The Real Costs & Risks of Email, Part2 COST-EFFECTIVE SOLUTIONS TO MITIGATE RISK AND CONTROL LITIGATION COSTS How in-house counsel can leverage Mid-Market Information Management
More informationArkfeld 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 informationIN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management.
IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682 Amending Civil Rules 16, 26, 33, 34, 37, and 45 concerning Discovery of Electronic Information IT IS ORDERED: 1. Civil Rule 16 is amended to read
More informationPRIVACY IMPACT ASSESSMENT
PRIVACY IMPACT ASSESSMENT Outsourced Litigation Support Services September 2013 FDIC External Service Table of Contents System Overview Personally Identifiable Information (PII) in OLSS Purpose & Use of
More informationTHE DUTY TO PRESERVE, COLLECT, AND PRODUCE ELECTRONICALLY STORED INFORMATION HELD BY THIRD PARTIES
ESI Discovery THE DUTY TO PRESERVE, COLLECT, AND PRODUCE ELECTRONICALLY STORED INFORMATION HELD BY THIRD PARTIES Ronald C. Wernette, Bowman and Brooke LLP Introduction The legal landscape is now littered
More informationPRETRIAL LITIGATION IN A NUTSHELL. R. LAWRENCE DESSEM Professor of Law University of Tennessee ST. PAUL, MINN. WEST PUBLISHING CO.
PRETRIAL LITIGATION IN A NUTSHELL By R. LAWRENCE DESSEM Professor of Law University of Tennessee ST. PAUL, MINN. WEST PUBLISHING CO. 1992 PREFACE AND ACKNOWLEDGMENTS.. TABLE OF CASES TABLE OF STATUTES
More informationAPPENDIX 4. A. State Courts. Alaska Superior Court. Alabama Court of Criminal Appeals Alabama Circuit Court. Arizona Superior Court
APPENDIX 4 COURT ABBREVIATIONS This appendix contains abbreviations for federal courts. Abbreviations for state courts can be developed by consulting Appendix 1 and Rule 2 concerning abbreviations and
More informationREALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY
REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY Steven M. Gruskin Carl J. Pellegrini Sughrue Mion, PLLC 2100 Pennsylvania Ave. NW Washington, DC 20037 www.sughrue.com On December 1, 2006, the Federal
More informationBest Practices Page 1
BEST PRACTICES FOR ELECTRONIC DISCOVERY IN CRIMINAL CASES Western District of Washington Adopted March 21, 2013 These best practices reflect recommendations adopted in February 2012 by the Department of
More informationE-DISCOVERY IN THE US
E-DISCOVERY IN THE US A PRIMER Changing legal requirements and growing volumes of electronically stored information have made the discovery process more daunting and costly than ever before. This article
More informationSTEVEN J. HATFILL, Plaintiff, v. THE NEW YORK TIMES COMPANY, Defendant. CIVIL ACTION NO. 1:04cv807 (CMH/LO)
STEVEN J. HATFILL, Plaintiff, v. THE NEW YORK TIMES COMPANY, Defendant. CIVIL ACTION NO. 1:04cv807 (CMH/LO) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION 242 F.R.D.
More informationUnderstanding the Benefits of Email Archiving. Volume 1 CMIT Solutions Webinar Series January 2010
Understanding the Benefits of Email Archiving Volume 1 CMIT Solutions Webinar Series January 2010 Welcome Melanie Fricke VP of Product Strategy CMIT Solutions Scott Barlow VP of Sales & Product Management
More informationE-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 informationElements of a Good Document Retention Policy. Discovery Services WHITE PAPER
Elements of a Good Document Retention Policy Discovery Services WHITE PAPER Document retention especially the retention of electronic data has become a hot topic in the legal industry. In the wake of several
More informationE-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert
E-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert While updating the two-day seminar Chris Grillo and
More informationElectronic Health Records: Federal E-Discovery Rules and Case Law Are Guides for State Litigation
Electronic Health Records: Federal E-Discovery Rules and Case Law Are Guides for State Litigation By Anne M. Fulton-Cavett Anne M. Fulton-Cavett is a partner in the firm of Cavett & Fulton, P.C., in Tucson,
More informationEmail 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 informationTHE 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 informationOvercoming Potential Legal Challenges to the Authentication of Social Media Evidence
Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence By John Patzakis 1 Summary: Social
More informationAgenda 1) Applicable Disclosure Requirements 2) Records Retention for Email 3) Confidentiality Obligations 4) Email Management Strategies 2
Email Management: A Legal Perspective The Texas A&M University System Office of General Counsel Agenda 1) Applicable Disclosure Requirements 2) Records Retention for Email 3) Confidentiality Obligations
More informationTHE CORPORATE COUNSELOR
THE CORPORATE COUNSELOR NOVEMBER 2013 Third-Party Litigation Investing and Attorney-Client Privilege By David A. Prange Civil litigation is potentially expensive, and achieving lucrative outcomes is not
More informationOutlaw v. Willow Oral Argument Motions for Sanctions
William Mitchell E-Discovery Symposium Outlaw v. Willow Oral Argument Motions for Sanctions Mary T. Novacheck, Esq. Partner Bowman and Brooke LLP Outlaw's Motion: Cost Shift Vendor Fees to Willow Prior
More informationE-Discovery Perils: The AutoArchive Function Not Gone, But Forgotten?
E-Discovery Perils: The AutoArchive Function Not Gone, But Forgotten? Thomas J. Smith This article examines the hidden perils, from an e-discovery and records management perspective, of the AutoArchive
More informationRobert S. Bernstein, Moderator Panelists: Douglas Cherry, Shumaker, Loop & Kendrick, LLP Karl Schieneman, Review Less
Robert S. Bernstein, Moderator Panelists: Douglas Cherry, Shumaker, Loop & Kendrick, LLP Karl Schieneman, Review Less Robert Bernstein Douglas Cherry Karl Schieneman Lean member Doug is a Partner in the
More informationFuture Proof Your ediscovery Practices
FEBRUARY 3 5, 2015 / THE HILTON NEW YORK Future Proof Your ediscovery Practices Plenary Session February 4, 2015 Patrick Collins, Partner, Perkins Coie Bruce Hartley, Vice President, Celerity Consulting
More informationNovember/December 2010 THE MAGAZINE OF THE AMERICAN INNS OF COURT. rofessionalism. Ethics Issues. and. Today s. Technology. www.innsofcourt.
November/December 2010 THE MAGAZINE OF THE AMERICAN INNS OF COURT rofessionalism and Ethics Issues in Today s Technology www.innsofcourt.org Transparency in E-Discovery: No Longer a Novel Approach By Michael
More informationLexisNexis UK. Minority Shareholders: Law, Practice and Procedure
Minority Shareholders: Law, Practice and Procedure Second editìon By Vìctorjoffe QC, LLB, MA (Cantab) of thè Middle Temple, Barrister of Serie Court, Lincoln's Inn Attorney, New York State Bar Barrister
More informationCase 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KYLE ALEXANDER, and DYLAN SYMINGTON, on behalf of themselves and all those
More information2 California Evidence (5th), Discovery
2 California Evidence (5th), Discovery I. GENERAL PRINCIPLES A. [ 1] Purpose of Discovery. B. [ 2] Modern Discovery Procedures. C. [ 3] Relation to Pretrial Conference. D. Overview of California Discovery
More informatione-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 information4/10/2015. 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 informationFacebook E-Discovery Ruling Only Tip Of The Iceberg
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@portfoliomedia.com Facebook E-Discovery Ruling Only Tip Of The
More informationAttorney-Client Privilege & Electronic Discovery: Challenges Created by In-House Communications, Best Practices, and Litigation Alternatives
Attorney-Client Privilege & Electronic Discovery: Challenges Created by In-House Communications, Best Practices, and Litigation Alternatives Kate G. Maynard and Heyward H. Bouknight Privilege Review Process
More information