5 General Items Of Thought What s a GB =??? What Are Sources Of Stored Data? What s BYOD mean??? The Human Factor Is At Play!
7 Litigation Hold Duty Arises When? Zubulake v. UBS Warburg, LLC 220 F.R.D. 212 (S.D.N.Y. 2003) A litigation hold refers to a company s affirmative acts to preserve paper or electronically stored documents relating to the subject of current or impending litigation. The purpose of a litigation hold is to prevent the destruction of relevant data, and to ensure employees are apprised of their employer s document preservation obligations. [o]ncea party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a litigation hold to safeguard all relevant data.
8 Common Law Duty to Preserve Reasonable anticipation of litigation is triggered by: An internal stating, Boy, we really messed this project up and are sure to be sued. Approaching outside counsel to discuss the filing of a complaint against another party. The receipt/filing by your client of a complaint. = Time to issue a Legal Hold Letter
9 Do you wait for an action to be filed? Do you advise in advance play the risk manager role and be a hero or a villain? What are your client s policies? [t]he adoption and consistent application of an organization s policy or practice regarding preservation obligations may tend to show reasonableness and good faith on the part of the organization. Sedona Conference Commentary on Legal Holds: The Trigger & The Process, 11 Sedona Conf. J. 265, 269 (2010)
10 You Must: Promptly implement an effective litigation hold Ensure that all relevant sources of potentially relevant information are pinpointed and preserved Interview key employees involved in the impending litigation How do they handle & store s How do they handle other electronic data
11 [w]hilea litigant is under no duty to keep or retain every document in its possession, even in advance of litigation it is under a duty to preserve what it knows, or reasonably should know, will likely be requested in reasonably foreseeable litigation. Scott v. IBM Corp, 196 F.R.D. 233, 249 (D.N.J. 2000)
12 What should you consider? How is their electronic data maintained & retained? Are there procedures in place that create a danger of evidence destruction, Automatic deletion Rewriting on backup tapes Regularly evaluate your document retention policies opportunity to assess in advance of litigation if there are shortcomings that require retooling the fix them FRCP, Rule 37(e),absent exceptional circumstances, a court may not impose sanctions for failing to provide electronically stored information that is lost as a result of routine, good-faith operation of an electronic information system.
13 Interview your information technology personnel to determine: Document retention policies being applied, if any Nature of the company s technological infrastructure Feasibility of suspending practices that might include automatic deletion and rewriting of backup tapes
14 Distributed to those who may be potentially relevant to the anticipated litigation Meaning those: Who generated relevant documents Who received the relevant documents Who maintain the information IT, records personnel, human resources, legal department, off-site storage
15 Description of the case Identification of what documents should be preserved and how Instruction that any automatic deletion setting should be turned off Instruction to search for documents or information relevant to the litigation, while erring on the side of preservation Identification of the consequences to the company and its employees for failure to heed the litigation hold directives Contact information for the person(s) overseeing data preservation or electronic efforts Monitor compliance & efficacy of the litigation hold
16 Apple v. Samsung $2.5 Billion at stake Samsung issued a litigation hold to identified employees acknowledging the reasonable likelihood of future patent litigation with Apple Failed to suspend its automatic 14-day destruction policy a Failed to send hold notices to other key custodians when litigation was reasonably foreseeable Failed to verify or monitor it was being followed Samsung s lead product designer s failed to produce a single and others only a handful Judge s statements duty to preserve isn t satisfied by just sending out the hold notice both sides had obligations to preserve their documents Apple must have known it was a two-way street. Apple was a victim of its own success Samsung s practices resulted in prior sanctions Apple wasn t playing fair either Objective: Avoid having a negative inference jury instruction given!
17 Imprisonment 2 year jail sentence for the president of the company intentional spoliation of relevant documentation (Victor Stanley, Inc. v. Creative Pipe, Inc) Criminal Prosecution BP Oil Spill USA v Kurt Mix destroyed pertinent information despite repeated requests directly to him to preserve. The problem: it was all recoverable by some very smart people Jury Instruction Mandatory presumption Certain facts be deemed admitted & accepted as true CA Civil Instruction 204 You may consider whether one party intentionally concealed or destroyed evidence. If you decide that a party did so, you may decide that the evidence would have been unfavorable to that party State Bar & Sanctions (Qualcomm v Broadcom 2009) Qualcomm s counsel alleged to have destroyed and or concealed documents Counsel for Qualcomm referred to the State Bar for ethics violations and were cleared Qualcomm paid $9.26 million to Broadcom for aggravated litigation misconduct Case or Issue Determining Motion or Ruling Striking the Answer, Affirmative Defense Granting of a Directed Verdict
18 ABA Proposed Revision Competency of Counsel To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated to relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. ABA Commission explained that this phrase pertains also to "how lawyers conduct investigations, engage in legal research, advise their clients, and conduct discovery. These tasks now require lawyers to have a firm grasp on how electronic information is created, stored, and retrieved... 'notable developments' in technology that have impacted the practice of law to include electronic communication; mobile electronic storage; third-party servers; how clients find lawyers; virtual offices; and online practice management."
19 CA Rule of Court Duty to Meet & Confer Unless the court orders another time period, no later than 30 calendar days before the date set for the initial case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in rule and, in addition, to consider the following: (1) Resolving any discovery disputes and setting a discovery schedule; (8) Any issues relating to the discovery of electronically stored information, including: (A) Issues relating to the preservation of discoverable electronically stored information; (B) The form or forms in which information will be produced; (C) The time within which the information will be produced; (D) The scope of discovery of the information; (E) The method for asserting or preserving claims of privilege or attorney work product, including whether such claims may be asserted after production; (F) The method for asserting or preserving the confidentiality, privacy, trade secrets, or proprietary status of information relating to a party or person not a party to the civil proceedings; (G) How the cost of production of electronically stored information is to be allocated among the parties; (H) Any other issues relating to the discovery of electronically stored information, including developing a proposed plan relating to the discovery of the information; and (9) Other relevant matters.
20 Code of Civil Procedure (a) & (f) (California Electronic Discovery Act) (a) (f) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party or affected person, may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section The court shall limit the frequency or extent of discovery of electronically stored information, even from a source that is reasonably accessible, if the court determines that any of the following conditions exist: (1) It is possible to obtain the information from some other source that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative or duplicative. (3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues.
21 Rule Failing to Act Competently (A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence. (B) For purposes of this rule, "competence" in any legal service shall mean to apply the 1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for the performance of such service. (C) If a member does not have sufficient learning and skill when the legal service is undertaken, the member may nonetheless perform such services competently by 1) associating with or, where appropriate, professionally consulting another lawyer reasonably believed to be competent, or 2) by acquiring sufficient learning and skill before performance is required.
22 Rule Advising the Violation of Law A member shall not advise the violation of any law, rule, or ruling of a tribunal unless the member believes in good faith that such law, rule, or ruling is invalid. A member may take appropriate steps in good faith to test the validity of any law, rule, or ruling of a tribunal. Rule Suppression of Evidence A member shall not suppress any evidence that the member or the member's client has a legal obligation to reveal or to produce.
23 93%of all business records are stored electronically, and of that amount, less than 30% are ever printed to paper. The average worker receives approximately 55 s every day. For a small business of 100 employees, this translates into approximately 1,375,000 s annually.
25 Lawyers have twin duties of loyalty: While they are retained to be zealous advocates for their clients, they bear a professional obligation to conduct discovery in a diligent and candid manner. Cooperation does not conflict with the advancement of their clients interests -it enhances it. Only when lawyers confuse advocacy with adversarial conduct are these twin duties in conflict.
26 Utilizing internal ESI discovery point persons to assist; Exchanging information on relevant data sources, including those not being searched, or scheduling early disclosures on the topic of Electronically Stored Information; Jointly developing automated search and retrieval methodologies to cull relevant information; Promoting early identification of form or forms of production; Developing case-long discovery budgets based on proportionality principles Considering court-appointed experts
27 Biggest Risks: Sanctions As recently as 2003, there were only seven e- discovery sanction cases. In 2011 there were over 350 e-discovery sanction cases.
29 Defendants were sanctioned three times more often than plaintiffs The most common misconduct was failure to preserve ESI, followed by failure to produce and failure to produce in a timely fashion.
30 Preservation and collection of the data in the most forensically sound way is a must.
31 How the ESI was gathered. Where the ESI was stored. Who had access to it. Establish the chain-of-custody Whether other ESI was also located. Whether a thorough search was conducted. Whether the ESI sought to be introduced was altered from its original state.
33 Each custodian likely has 2-6 GB of Data 2GB= 14,000 documents Attorney Review Time of 80/docs hour= 175 human hours/ custodian File to Trial= $18,000/GB of ESI
34 Rule 26 (f) ESI Protocol An ESI Protocol is designed to minimize waste in the review process Nail Down Technical Specs Minimize Counsel s exposure to common ESI Sanctions
35 In order for document productions to be as reasonably complete as possible, parties should begin first and foremost by drawing and defining all sources of potentially relevant evidence.
36 IT Custodian Individual Custodian Source Custodian
37 The purpose of the IT Custodian interview is to identify all computer and archive systems that could contain potentially relevant ESI for the relevant time period of this action.
38 It is important to be aware of common IT Custodian pitfalls and dangers prior to the interview: Assume that the IT Custodian will be hostile to the interviewer There is no win in this situation for them IT Custodians may fear reprisals from management because: backups may not have been correctly carried out even though regulations require them. IT Custodians may act territorially in protecting ESI from leaving the corporation due to security concerns. It is critical to explain upfront that outside counsel is acting to protect them, not make them the focus of the litigation
39 Individual Custodians should ideally be interviewed following the IT Custodian interview to identify and memorialize all potentially relevant sources of ESI such as: Laptop and desktop computers External hard drives, CDs, DVDs and USB thumb drives Blackberries, iphones, smart phones Network shared folders Web based accounts, social media profiles Make sure to compare the computer sources identified by Individuals to those identified by the IT Custodian(s) to identify potential discrepancies.
40 A source custodian is defined as a computer storage device, such as a departmental shared folder that is believed to contain ESI saved, used or accessed by more than one Individual Custodian and is thereforeimpossible to identify by one Individual Custodian s name. Example : a Sales Department Folder that multiple sales individuals saved sales report Microsoft Excel documents to.
41 Priority Custodians are defined as custodians reasonably believed to be more relevant to this action than other identified custodians, or Secondary Custodians. Secondary Custodians would be the subordinates of the Priority Custodians that carried out the policy. Example: The Directors and Officers of a company who created a policy that may have contributed to an action.
42 A method to limit scope of ESI that will be reviewed and produced. Examples: John Smith Earnings Reports Smith within 5 words of Jones
43 Each review platform requires different load files and costly technical time will result if this key piece of information is not disclosed upfront. Example: Relativity Version 7.0
44 Each party will produce paper documents (i.e., those documents not kept electronically by a party in the ordinary course of business) in the form of single page, Group IV TIFF, 300DPI, Black & White format.
46 Excel Spreadsheets shall be produced both in native format and as converted to single page Group IV, 300DPI Black & White TIFF images. The native format production Excel files will be named according to a control number placed before the original file name: E.g. ABC _Reports.XLS
47 may be easily de-duplicated so that litigants do not need to pay outside counsel to review 300 copies of the same .
48 Discovery will be limited in scope to ESI in the parties custody, possession or control beginning on Month Date, Year and ending Month Date, Year.
49 The production in this action of any electronically stored information or other information that is subject to a claim of privilege shall be deemed to be inadvertent and to be without prejudice.
50 Early Case Assessment Technology Native File Review/TIFF responsive only All TIFF Review is the most expensive method
53 Services Quantity Price 3rd Party Total Full TIFF Processing 50GB $800/GB $40, Hosting for 1 Year 50GB x 12 Mos. $30/GB $18, ESTIMATED TOTAL $58,000.00
54 Services Quantity Price 3rd Party Total Processing Native Review 50GB $400/GB $20, Production Set Creation 1GB / 7,000 docs $800/GB $ Hosting for 1 Year 50GB x 12 mos. $18, ESTIMATED TOTAL $38,800.00
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
MDLA TTS August 23, 2013 ediscovery for DUMMIES LAWYERS Kate Burke Mortensen, Esq. firstname.lastname@example.org Scott Polus, Director of Forensic Services email@example.com 1 Where Do I Start??
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,
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
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
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
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)
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
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
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.
CMA Shipping 2015 Ethics and E-Discovery in Shipping Disputes March 25, 2015 Vincent J. Foley, Holland & Knight LLP (212) 513-3357 firstname.lastname@example.org CMA Shipping 2015 Ethics and E-Discovery for Shipping
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
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
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
2015 ANNUAL MEETING Vancouver, BC September 11, 2015 Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery? 2010 DUKE CONFERENCE May 10-11 Duke Law School 200 Participants
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
E-Discovery and Electronically Stored Information (ESI): How Can It Help or Hinder a Case? Rosevelie Márquez Morales Harris Beach PLLC New York, NY Rosevelie Márquez Morales is a partner at Harris Beach
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
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
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
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
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
University of California, Merced Measures Regarding Litigation Holds and Preservation of Electronically Stored Information (ESI) Responsible Officials: Executive Vice Chancellor and Provost Vice Chancellor
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
How to Avoid The Biggest Electronic Evidence Mistakes Ken Jones Senior Technology Architect Pileum Corporation Why is Proper Handling of Electronic Data Important? Most of the evidence in your case isn
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
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
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
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
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
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
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
José Ramón González-Magaz email@example.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
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
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
Vincent T. Chang, Chair Federal Courts Committee New York County Lawyers Association 14 Vesey Street New York, NY 10007 March 20, 2013 COMMENTS OF THE NEW YORK COUNTY LAWYERS ASSOCIATION FEDERAL COURTS
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
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,
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
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
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
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
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
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
Franchise Tax Board ANALYSIS OF ORIGINAL BILL Author: Evans Analyst: Deborah Barrett Bill Number: AB 5 See Legislative Related Bills: History Telephone: 845-4301 Introduced Date: December 1, 2008 Attorney:
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
This is not your grandfather s litigation. BUT ediscovery Services are not legal services. TYPES OF ETHICAL ISSUES THAT MIGHT ARISE IN THE CONTEXT OF ediscovery: Document collection Privacy issues Inadvertent
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
E-Discovery and ESI Recent Decisions and Best Practices Ben Feldman firstname.lastname@example.org 412.391.2428 2014 Fox Rothschild ESI Humor ESI Humor Begs the Question What is ESI? For the purpose of the
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
Litigation Hold Notices & Electronic Discovery A R E S O U R C E F O R W S U E M P L OY E E S What is a Litigation Hold Notice? Notice from an authorized department (e.g., Attorney General s Office Torts
Ethics in Technology and ediscovery Stuff You Know, But Aren t Thinking About Kelly H Twigger, Esq. Oil and Gas Symposium Arkansas Law Review October 16-17, 2014 Overview In the last two decades, business
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
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
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 email@example.com Stoel Rives
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.
ESI Risk Assessment: Critical in Light of the new E-discovery and notification laws Scott Bailey, CISM Christopher Sobota, J.D. Enterprise Risk Management Group Disclaimer This presentation is for informational
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
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
How to Win the Battle Over Electronic Discovery in Employment Cases By Philip L. Gordon, Esq. IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling
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,
Policy Number: M-17 University of Louisiana System Title: RECORDS RETENTION & Effective Date: OCTOBER 10, 2012 Cancellation: None Chapter: Miscellaneous Policy and Procedures Memorandum Each institution
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
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.
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
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
The Sedona Conference Working Group Series The Sedona Conference Cooperation Proclamation Dialogue Designed to Move the Law Forward in a Reasoned and Just Way The Sedona Conference Cooperation Proclamation
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
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
The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith June 10, 2009 Discovery On January 1, 2010, Rules will be amended by adding the following
ESI Preservation in Employment Litigation: Counsel s Guide to New FRCP ediscovery Amendments FEATURED FACULTY: Patricia E. Antezana, Counsel, Reed Smith LLP PAntezana@ReedSmith.com Steven C. Bennett, Partner,
ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management
Making and responding to electronic discovery requests By Martin Felsky and Peg Duncan One of the significant impacts of electronic discovery on litigation is the way in which it reconfigures the adversarial
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 firstname.lastname@example.org
Policy No: 3008 Title of Policy: Preservation and Production of Electronic Records Applies to (check all that apply): Faculty Staff Students Division/Department College _X Topic/Issue: This policy enforces
May 2015 Vol. 44, No. 5 Page 45 Articles Family Law Preservation of Social Media Evidence in a Family Law Context by Kevin C. Massaro, Taylor P. Statfeld Family Law articles are sponsored by the CBA Family
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
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,
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
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
Litigation Holds: Ten Tips in Ten Minutes Stephanie F. Stacy Baylor, Evnen, Curtiss, Grimit & Witt, LLP 1248 O Street, Suite 600 Lincoln, Nebraska 68508 email@example.com Introduction A litigation
This is a sample approach to developing a sound document collection process, referenced at Section II(7)(vi) of the Guidelines on Best Practices for Litigating Cases Before the Court of Chancery. It should
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
November 2004 An Examination of Litigation Holds and the Preservation of Electronic Documents in the Context of Zubulake Documents and other potentially relevant evidence are subject to preservation when
REED COLLEGE ediscovery GUIDELINES FOR PRESERVATION AND PRODUCTION OF ELECTRONIC RECORDS TABLE OF CONTENTS A. INTRODUCTION... 1 B. THE LANDSCAPE OF ELECTRONIC RECORDS SYSTEMS... 1 1. Email Infrastructure...
PROCEDURE 4040P Community Relations PRESERVATION AND PRODUCTION OF ELECTRONIC RECORDS Electronic Discovery Committee To help meet its obligations, the WSD uses an Electronic Discovery Committee, made up
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
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
POOLING PROVISIONS The E-Discovery Process A publication of Nevada Public Agency Insurance Pool The e- discovery process the search of electronic records for use as legal evidence can cost thousands of
Freelance Lawyers The industry's best kept secret. Christopher Kozlowski About Me Co-founder and partner of Streamline Litigation, which I started while I was still in law school at Villanova University
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
Electronic Discovery How can I be prepared? September 2010 Presented by Brian Wilkinson, Director of ediscovery & Computer Forensics firstname.lastname@example.org 410-659-3473 Table of Contents Page 1 Electronic
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