Electronic Discovery, Meet Prof. Heisenberg

Size: px
Start display at page:

Download "Electronic Discovery, Meet Prof. Heisenberg"

Transcription

1 Electronic Discovery, Meet Prof. Heisenberg Selected Thoughts on Practice & Pitfalls Prepared for the No. Ky. Univ. Salmon P. Chase College of Law Robert W. Dibert Rebecca Bates Manno February 18, 2014 Views expressed in these materials are those of the authors individually, and should not be considered to be legal or any other formal advice. Particularly in e-discovery, no one size fits all. See The Sedona Guidelines: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age, at 15 (2d ed. Nov. 2007); Lorraine v. Markel Am. Ins. Co., 241 F.R.D. 534 (D. Md. 2007) 1

2 For Thousands Of Years, Science & Law Concurred: The World And Its Documents Were Flat 2

3 The Concurrence Was Incorrect 3

4 Introduction: Responsibilities Precede the Rules Courts became concerned terrified, even with spoliation or other loss of electronic information. See United Medical Supply Co. v. U.S., No C (Fed. Cl. 6/27/2007): Aside perhaps from perjury, no act serves to threaten the integrity of the judicial process more than the spoliation of evidence [defendant] most certainly is wrong in thinking that it can recklessly disregard its obligations to preserve evidence. [I]t is beyond question that a party to civil litigation has a duty to preserve relevant information, including ESI, when that party has notice that the evidence is relevant to litigation or should have known that the evidence may be relevant to future litigation. John B. v. Goetz, 531 F.3d 448, 459 (6th Cir. 2008) (citations omitted). See also, Jones v. Bremen High School District 228, 2010 WL (N.D. Ill.) ( a party has a duty to preserve evidence that it has control over and which it reasonably knows or can foresee would be material (and thus relevant) to a potential legal action ) Every party to litigation and its counsel are responsible for taking reasonable and proportionate steps to preserve relevant and discoverable ESI within its possession, custody or control. Determining which steps are reasonable and proportionate in particular litigation is a fact specific inquiry that will vary from case to case. The parties and counsel should address preservation issues at the outset of a case, and should continue to address them as the case progresses and their understanding of the issues and the facts improves. 7th Cir. Electronic Discovery Committee, Principles Relating to the Discovery of Electronically Stored Information, at Principle 2.04(a) (rev. 8/1/2010). 4

5 E-discovery Requires Balancing People & Technology 1. Courts expect parties to have document & data retention practices in order See Rules 16(b)(2); 26(f)(1) (requiring pre-discovery conference & scheduling order within days of the beginning of an action); In re Direct Southwest, Inc. FLSA Litigation, 2009 U.S. Dist. LEXIS (E.D. La.) (requiring execution of supplemental search terms, production of documents & production of privilege log within 10 days) 2. Courts expect parties to employ technology to meet judicial requirements In re Vioxx Prod. Liabil. Lit. Steering Cm., No , 2006 WL , Slip Op. at 8, n.5 (5th Cir.) (approving random sampling to assist privilege review of more than 500,000 pages of disputed documents, but By random sampling, we mean adhering to a statistically sound protocol ); Da Silva Moore v. Publicis Groupe, No. 1:11-cv-1279, Conf. TR (S.D.N.Y. 2/8/2012) (implementing parties agreement to use predictive coding in Phase I discovery, but I m not prepared to rule on where you stop until I see those relevance rankings ); Matter of the Search of 3817 W. West End, 321 F. Supp.2d 953, 956 (N.D. Ill. 2004) ( the Court raised possible ways of focusing the search of the computers, including: limiting the search to specific time periods; using key word searches; and/or limiting the search to text files and excluding graphics files ) 5

6 The Rules Reflect Judicial Demands for Accountability By signing [a disclosure or discovery response], an attorney or party certifies to the best of the person s knowledge, information and belief formed after reasonable inquiry: (A) with respect to a disclosure, it is complete and correct as of the time it is made[.] Fed. R. Civ. P. 26(g)(1). Counsel may rely on assertions by the client and on communications with other counsel in the case as long as that reliance is appropriate under the circumstances. Pinstripe, Inc. v. Manpower, Inc., 2009 U.S. Dist. LEXIS 66422, at *7-8 (N.D. Okla.) (quoting 1983 Advisory Committee Notes to Rule 26). what is required is something other than a lawyer's guesses, without client input, and without any quality control testing to see if the search terms produce reasonably all the responsive ESI and limited false positives. Wm. A. Gross Constr. Assoc. v. Am. Mfrs. Mut. Ins. Co., 256 F.R.D. 134, 135 n.3 (S.D.N.Y. 2009). 6

7 The Rules (A): General Intent 1100 West, LLC v. Red Spot Paint & Varnish Co., No. 1:05-cv-1670, 2009 U.S. Dist. LEXIS (S.D. Ind.) Defendant argued it relied on its attorneys... for advice in discovery; therefore, any error or failure to produce documents is [former counsel s] responsibility (Slip Op. at 1-2). Counsel had opportunities to steer [Defendant]... on a different path and it never did (id., at 58). where three partners of the firm had knowledge of its client s apparent disregard for [discovery] rules and failed to properly supervise an associate and paralegal who had knowledge of adverse facts that remained undisclosed to the opposing party... the firm must be held accountable (id., at 62). Bray & Gillespie Mgt. LLC v. Lexington Ins. Co., 2009 WL (M.D. Fla.) (Plaintiff, outside counsel individually & the firm sanctioned for fees & costs of motion to compel & remedial discovery) [B]lindly relying on outside counsel falls short of the duty [local counsel] has as an officer of the court, as counsel of record, and as an advocate for his client (id., at *22). Outside counsel continued this pattern of deliberate misrepresentation through willful blindness in his testimony... about the metadata on the Introspect database, even though he never examined the database to determine what it contained (id., at *24). 7

8 The Rules (B): Trust, But Verify [A]ttorney oversight of the process, including the ability to review, sample, or spot-check the collection efforts is important. Pension Comm. v. Banc of America Securities, LLC, No. 05-cv-9016, 2010 U.S. Dist. LEXIS 4546, Slip Op. at 29, n.68 (S.D.N.Y.). Counsel must take affirmative steps to monitor compliance so that all sources of discoverable information are identified and searched." Zubulake v. UBS Warburg LLC, 2004 U.S. Dist. LEXIS 13574, at *35 (S.D.N.Y.). Rosenthal Collins Group, LLC v. Trading Technologies Int l, Inc., No. 05 C 4088, 2011 U.S. Dist. LEXIS (N.D. Ill.) (dismissing Complaint, striking counterclaim defenses, ordering $1 million fine against Plaintiff, and ordering Plaintiff s counsel to pay fees & costs incurred in litigating the motion; where Plaintiff failed to prevent destruction of evidence and its counsel had a duty to preserve the evidence, which they could have done by taking physical possession of, or obtaining forensic images, of the evidence ) (Slip Op., at 21). Green v. Blitz USA, Inc., 2011 WL (E.D. Tex.) (civil contempt sanction of $250,000 plus other relief, where party relied solely upon custodian interviews for documents without conducting electronic searches for documents, and failed to suspend document retention & media recycling policies pending litigation). Gates Rubber Co. v. Bando Chemical Industries, Ltd., 167 F.R.D. 90, (D. Colo. 1996) (sanctions for spoliation of evidence in part because the party failed to use imaging software to copy a target computer hard drive. The file by file restoration method that actually was used, resulted in the overwriting of 7-8% of the target drive). 8

9 The Rules (C): Who Assumes The Risk? Mt. Hawley Ins. Co. v. Felman Production, Inc., No. 3:09-cv-481, 2010 U.S. Dist. LEXIS (S.D. W.Va.) (manufacturer & counsel unable to explain why database built an incomplete index of potentially privileged documents, and Court found waiver of privilege based upon selective production vs. assertion of privilege); but see, Heriot v. Byrne, 257 F.R.D. 645, 660 (N.D. Ill. 2009) ( Plaintiffs had no reason to suspect the Vendor would inadvertently produce documents that Plaintiffs had already designated as privileged ) (no waiver where vendor miscoding resulted in the inadvertent production of privileged documents, and producing party promptly discovered inadvertent production and followed Rule 26 sequestration procedure) Ky. Bar Assoc. v. Helmers, 2011-SC KB, 2011 Ky. LEXIS 126 (Permanent disbarment where attorney had followed instructions of senior lawyers & assisted in fraudulent settlements of Fen-Phen litigation as a fourth-year associate) Coquina Inv. v. Rothstein, No Civ, 2012 WL (S.D. Fla.) (Party & outside counsel sanctioned for inadequate data searches & failure to produce documents in a proper format preserving material information); Id., at *1 ( it often times appears that this litigation was conducted in an Inspector Clouseaulike fashion. However, unlike a Pink Panther film, there was nothing amusing about this conduct and it did not conclude neatly ) 9

10 Verifying Risk: Rendering Matters Coquina Inv. v. Rothstein, No Civ (S.D. Fla. 8/3/2012) Two evidentiary hearings on motions for sanctions, in which client representatives, five outside attorneys, and outside counsel s discovery vendor, testified in opposition to sanctions. The first issue was based upon failure to process & produce a document in color, instead of rendered black & white, in order to reproduce a red-banner High Risk notice on the document and embedded information relating to editing & archiving of the document. Slip Op, at 6-8. [Counsel] misrepresented the nature of document control & metadata production in opposing a motion to compel native format production. Id., at [Counsel] acted negligently in failing to produce the CDD form in a manner that preserved the document s qualities. It is clear that, to preserve all its original qualities, the CDD form should have been produced in native format or color tiff. Id., at 23. The second issue involved [counsel s] denial of the existence of a material document for two years, because its litigation database had not been searched for the document by title. [F]ailure to open all of the documents attached to the ... resulted in continued denial, deception, and delay. Slip Op., at

11 Case in Point: University Medical Center, Inc. v. Beglin, 375 S.W.3d 783 (Ky. 2011) Patient was terminated from life support after catastrophic blood loss during surgery, which caused irreversible brain damage after a delay in obtaining a transfusion. During discovery, a dispute arose regarding whether a nurse had prepared a standard occurrence report describing the blood loss & delay in transfusion. A report was required according to hospital procedures, but testimony was conflicting about whether it had been prepared at all. 11

12 Beglin (2) The trial court instructed the jury: If you find from the evidence that an incident report was in fact prepared... about Mrs. Beglin's surgery, and if you further find from the evidence that University Medical Center... intentionally and in bad faith lost or destroyed the incident report, you may, but are not required to, infer that the information recorded in the incident report would be, if available, adverse to University Medical Center and favorable to the plaintiffs. 375 S.W.3d, at 787. The jury returned a verdict for about $5.3 million compensatory & $3.75 million punitive damages. On appeal, UMC argued that the missing evidence & punitive damages instructions were improper. The Kentucky Court of Appeals upheld the trial court. 12

13 Beglin (3) The Kentucky Supreme Court unanimously upheld the missing evidence instruction and compensatory damages. By a 5-2 vote, the Court held that the case did not warrant punitive damages. The two dissenters would have allowed punitive damages. The trial court s instruction remains the approved instruction in both criminal and civil cases. 375 S.W.3d, at 788. The occurrence report... went missing, and University Hospital was unable to provide a reasonable explanation for its disappearance. Id., at 791. [W]e favor... A standard that deters the loss of evidence and encourages parties in litigation or expecting litigation to protect and preserve evidence, even when doing so may not be to their advantage in litigation. Id. 13

14 Beglin (4) [W]hen it may be reasonably believed that material evidence within the exclusive possession and control of a party, or its agents or employees, was lost without explanation or is otherwise unaccountably missing, the trier of fact may find that the evidence was intentionally and in bad faith destroyed or concealed by the party possessing it and that the evidence, if available, would be adverse to that party or favorable to his opponent. 375 S.W.3d, at 792. A trial court may use normal inferences and suppositions, and may rely upon circumstantial evidence in deciding whether to admit missing evidence testimony or give a corresponding instruction. Id., at 790. [T]here are certain circumstances in which... a missing evidence instruction should not be given. Among these is when the proof shows that the evidence was lost as a result of mere negligence.... [O]ther common types of cases where the instruction will not be warranted include loss of evidence as a result of... destruction in the normal course of file maintenance, particularly in accordance with industry or regulatory standards. Id., at

15 Beglin (5) Innocent explanations: Ordway v. Commonwealth, 391 S.W.3d 762, 703 (Ky. 2013): When it is established that the evidence was lost due to mere negligence or inadvertence, which, in effect, negates a finding of bad faith, the missing [evidence] instruction should not be given. Here, the disappearance of the evidence appeared to result from negligence arising out of the consolidation of the [Medical Examiner & State Police forensic] labs. Pursuant to the foregoing rules Appellant was not entitled to a missing evidence instruction. (Allowing admission of testimony about existence & seizure of crack cocaine that was lost while in Staete custody). Custody & handling in the usual course of business: Evans v. Bradley, 2011-CA MR (Ky. App. 2/22/2013) (unpublished) (no missing evidence instruction in malpractice action where individual defendants did not have exclusive possession and custody of the documents and vermin had damaged boxes while in warehouse storage ); id. ( storage of records is the responsibility of the university's records retention department -- not physicians ); id. ( Even if every box in existence had been searched, the records might not be found due to damage by vermin. The situation did not merit the missing evidence instruction. ) Materiality: Perry v. Commonwealth, 2011-SC MR, (Ky. 12/20/2012) (unpublished) (no missing evidence instruction in DUI prosecution where wrecked vehicle was accidentally crushed during storage, and any exculpatory value... is purely speculative ). 15

16 Case in Point (II): J-M Mfg. Co. v. McDermott, Will & Emery, No. BC (Super. Ct. Los Angeles County, Cal.) McDermott represented J-M in a qui tam action styled United States ex rel Hendrix v. J-M Mfg. Co., No. 06-cv-55 (C.D. Cal.). McDermott hired two e-discovery consulting firms for computer-assisted document review. At the time, the consultants were top-rated in reviews by both technology and legal consulting commentators. The first production of documents to the government allegedly resulted in the inadvertent production of attorney-client privileged documents. Upon discovering the alleged mis-production of privileged documents, McDermott hired another top-rated e-discovery consulting firm to review documents through the use of outside contract attorneys. 16

17 J-M (2) Outside contractor review allegedly resulted in production of about 3,900 allegedly privileged documents among a population of 250,000 documents (~1.5% error rate). J-M sued McDermott and two e-discovery vendors for allegedly failing to supervise and quality-control the work of the outside technology and contract attorney vendors. The federal court in the qui tam action ruled that the inadvertent productions resulted in waiver of privilege & work product as to those documents. After a 30-day trial plus five days of deliberations, the federal jury found J-M liable for making false statements of compliance with certain performance specifications. Post-trial, the federal court confirmed by Order that it prohibited Plaintiffs counsel from using J-M s witness interview memoranda. The state-court malpractice action has been held in abeyance, set for a status conference in May

18 Metadata in the Courts Classic Definition: Data about the data (distinct from embedded data ) Expanded Definition: Data typically stored electronically that describes characteristics of ESI, found in different places in different forms.... Can be altered intentionally or inadvertently. Some metadata, such as file dates and sizes, can easily be seen by users; other metadata can be hidden or embedded and unavailable to computer users who are not technically adept. Metadata is generally not reproduced in full form when a document is printed to paper or electronic image. Sedona Conference Glossary 34, (3 rd ed. 2010). Black s Law Dictionary 1080 (9 th ed. 2009): Secondary data that organize, manage, and facilitate the use of primary data. Functional Definition: Any information contained within a document that the reader ordinarily would not see reproduced on a printed page. 18

19 Why Metadata Might Matter Aguilar v. Immigration & Customs Enf. Div., 255 F.R.D. 350, 354 (S.D.N.Y. 2008) ( while metadata may add little to one s comprehension of a word processing document, it is often critical to understanding a database application. A spreadsheet lies somewhere in the middle ) (citation omitted). If the officials responded by forwarding their s... the original metadata was altered in the process.... If the was saved as an.msg or.pst file which was, in turn, sent to the contact person, the original metadata was preserved. Id., at 359. See Local Rule 26(f)(4) (W.D.N.Y. 1/1/2011): Metadata. Except as otherwise provided, metadata, especially substantive metadata, need not be routinely produced, except upon agreement of the requesting and producing litigants, or upon a showing of good cause in a motion filed by the requesting party. But see, Favors v. Cuomo, 285 F.R.D. 187, 223 (E.D.N.Y. 2012) ( there is no good reason why privilege logs should not include... readily accessible metadata for electronic documents, including, but not limited to: addressee(s), copyee(s), blind copyee(s), date, time, subject line, file name, file format, and a description of any attachments ); Coquina, supra. 19

20 Sample File Metadata 20

21 File (1a)... 21

22 File (1b)... 22

23 File (1c)... 23

24 System Metadata (Recently Accessed) 24

25 System (Recent Devices) 25

26 Device Metadata (Unallocated Space) 26

27 (Today s) Conclusions Most approaches & tools are good for something. No single approach or tool works for everything. See also, M. Bay, EDI-Oracle Study: Humans Are Still Essential in E-Discovery, Law Technology News 11/20/2013, 04:24 PM, Technology providers using similar underlying technology, but different human resources, performed in both the top-tier and bottom-tier of all categories. Conclusion: Software is only as good as its operators. Human contribution is the most significant element (emph. in original). So the art of e-discovery is balancing technology and human resources to preserve, identify, collect & produce the material information in an appropriate form that is reasonably necessary to resolve the case. Attorneys are responsible for finding the balance in a particular matter. 27

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

Electronic Discovery: Litigation Holds, Data Preservation and Production

Electronic Discovery: Litigation Holds, Data Preservation and Production Electronic Discovery: Litigation Holds, Data Preservation and Production April 27, 2010 Daniel Munsch, Assistant General Counsel John Lerchey, Coordinator for Incident Response 0 E-Discovery Rules Federal

More information

Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9

Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9 Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9 MARY SOWELL et al., Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION Page 1 of

More information

September Edition of Notable Cases and Events in E-Discovery

September Edition of Notable Cases and Events in E-Discovery SEPTEMBER 24, 2014 E-DISCOVERY UPDATE September Edition of Notable Cases and Events in E-Discovery This update addresses the following recent developments and court decisions involving e-discovery issues:

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

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

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

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

More information

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

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

INVESTIGATIONS GONE WILD: Potential Claims By Employees

INVESTIGATIONS GONE WILD: Potential Claims By Employees INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may

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

In a recent Southern District of California decision, the court sent a

In a recent Southern District of California decision, the court sent a The Qualcomm Decision: Ethics In Electronic Discovery VICTORIA E. BRIEANT AND DAMON COLANGELO A recent decision reinforces the importance of a comprehensive electronic document management plan. In a recent

More information

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00389-MJW-BNB ERNA GANSER, Plaintiff, v. ROBERT

More information

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION EASTERN DENTIST INSURANCE : April Term 2004 COMPANY, : Plaintiff, : No. 2398 v. : LIONEL

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II STATE OF WASHINGTON, No. 40459-1-II Appellant, UNPUBLISHED OPINION v. LOVERA M. BLACKCROW, Respondent. Armstrong, J. The Clallam County Superior

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) 1 1 1 WO IN THE UNITED STATES DISTRICT COURT Atlantic Recording Corporation, et al., Plaintiffs, vs. Pamela and Jeffrey Howell, wife and husband, Defendants. FOR THE DISTRICT OF ARIZONA No. CV-0-0-PHX-NVW

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 30, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000815-MR JOSEPH B. ZEHNER, M.D. APPELLANT APPEAL FROM LOGAN CIRCUIT COURT v. HONORABLE TYLER

More information

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys By Ronald S. Allen, Esq. As technology has evolved, the federal courts have

More information

Discovery Ethics Course Plan

Discovery Ethics Course Plan The Ethics of Pre-Trial Discovery Discovery Ethics Course Plan I. Pre-Trial Discovery II. General Ethical Rules and Personal Mores Governing Discovery III. Ethical Considerations for Obtaining Informal

More information

REPORT. Introduction

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

More information

Top 10 Things We Hate to Hear During an Internal Investigation

Top 10 Things We Hate to Hear During an Internal Investigation Top 10 Things We Hate to Hear During an Internal Investigation June 19, 2015 Thomas J. Kenny Partner Kutak Rock LLP thomas.kenny@kutakrock.com 1. After we heard about the Compliance Hotline Report, we

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

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

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

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

More information

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them.

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. As amended by Chapter 16 of the 2013 Minnesota Session Laws. 15C.01 DEFINITIONS MINNESOTA FALSE CLAIMS ACT Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings

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

Minnesota False Claims Act

Minnesota False Claims Act Minnesota False Claims Act (Minn. Stat. 15C.01 to.16) i 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

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

FINANCIAL INDUSTRY REGULATORY AUTHORITY OFFICE OF HEARING OFFICERS. Respondent.

FINANCIAL INDUSTRY REGULATORY AUTHORITY OFFICE OF HEARING OFFICERS. Respondent. FINANCIAL INDUSTRY REGULATORY AUTHORITY OFFICE OF HEARING OFFICERS DEPARTMENT OF ENFORCEMENT, v. RESPONDENT, Complainant, Respondent. Disciplinary Proceeding No. 2011026874301 Hearing Officer Andrew H.

More information

Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #:

Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: <pageid> Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ALVIN E. WISEMAN, Plaintiff,

More information

MINNESOTA FALSE CLAIMS ACT

MINNESOTA FALSE CLAIMS ACT . MINNESOTA FALSE CLAIMS ACT Sec. 24. [15C.01] DEFINITIONS. Subdivision 1. Scope. For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim. "Claim" includes

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

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

PART III Discovery. Overview of the Discovery Process CHAPTER 8 KEY POINTS THE NATURE OF DISCOVERY. Information is obtainable by one or more discovery

PART III Discovery. Overview of the Discovery Process CHAPTER 8 KEY POINTS THE NATURE OF DISCOVERY. Information is obtainable by one or more discovery PART III Discovery CHAPTER 8 Overview of the Discovery Process Generally, discovery is conducted freely by the parties without court intervention. Disclosure can be obtained through depositions, interrogatories,

More information

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

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

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: FEBRUARY 6, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-002378-MR MICHAEL JOSEPH FLICK APPELLANT ON REMAND FROM THE KENTUCKY SUPREME COURT CASE NO.

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

COALSP 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 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 information

Representing Whistleblowers Nationwide

Representing Whistleblowers Nationwide Minnesota False Claims Act Minnesota Stat. 15C.01 to 15C.16) 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

More information

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

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

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: DECEMBER 7, 2012; 10:00 A.M. NOT TO BE PUBLISHED ORDERED PUBLISHED FEBRUARY 8, 2013; 10:00 A.M. Commonwealth of Kentucky Court of Appeals NO. 2011-CA-000990-MR RANDY PEZZAROSSI APPELLANT APPEAL

More information

Case 2:11-cv-02714-JAR Document 247 Filed 03/28/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:11-cv-02714-JAR Document 247 Filed 03/28/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:11-cv-02714-JAR Document 247 Filed 03/28/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) BOARDWALK APARTMENTS, L.C., ) ) Plaintiff, ) ) v. ) Case No. 11-2714-JAR-KMH

More information

Ten Tips for Responding to Litigation Hold Letters

Ten Tips for Responding to Litigation Hold Letters Litigation Holds: Ten Tips in Ten Minutes Stephanie F. Stacy Baylor, Evnen, Curtiss, Grimit & Witt, LLP 1248 O Street, Suite 600 Lincoln, Nebraska 68508 sstacy@baylorevnen.com Introduction A litigation

More information

Writ of Mandamus is Conditionally Granted; Opinion Filed December 3, 2013. In The Court of Appeals Fifth District of Texas at Dallas

Writ of Mandamus is Conditionally Granted; Opinion Filed December 3, 2013. In The Court of Appeals Fifth District of Texas at Dallas Writ of Mandamus is Conditionally Granted; Opinion Filed December 3, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01457-CV IN RE SOUTHPAK CONTAINER CORPORATION AND CLEVELAND

More information

Inside Counsel: The Attorney-Client Privilege Within Law Firms

Inside Counsel: The Attorney-Client Privilege Within Law Firms November 2007 DRI For the Defense Inside Counsel: The Attorney-Client Privilege Within Law Firms By Mark J. Fucile Fucile & Reising LLP In recent years it has become increasingly common for a designated

More information

Bad Faith: Choice of Law Matters

Bad Faith: Choice of Law Matters Bad Faith: Choice of Law Matters Edwards Angell Palmer & Dodge Insurance and Reinsurance Review - September 2010 Marc S. Voses Choice of law issues cannot be overlooked in insurance bad faith litigation,

More information

E-Discovery and Electronically Stored Information (ESI):

E-Discovery and Electronically Stored Information (ESI): 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

More information

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

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

POST LITIGATION BAD FAITH THE POTENTIALLY ERODING DEFENSE OF THE INSURER. Bradley J. Vance, Esquire 1

POST LITIGATION BAD FAITH THE POTENTIALLY ERODING DEFENSE OF THE INSURER. Bradley J. Vance, Esquire 1 POST LITIGATION BAD FAITH THE POTENTIALLY ERODING DEFENSE OF THE INSURER Bradley J. Vance, Esquire 1 For years Pennsylvania law has defined the bad faith cause of action based upon the terms of 42 Pa.C.S.A.

More information

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller Occasionally, a defendant, while incarcerated and apparently having nothing better to do, will file a Motion under RCr. 11.42,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-10192 Document: 00513409349 Page: 1 Date Filed: 03/07/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT UNITED STATES OF AMERICA, ex rel. DARILYN JOHNSON, v. Plaintiff Appellant,

More information

Case 3:11-cv-01234-MMH-MCR Document 25 Filed 08/24/12 Page 1 of 6 PageID 145

Case 3:11-cv-01234-MMH-MCR Document 25 Filed 08/24/12 Page 1 of 6 PageID 145 Case 3:11-cv-01234-MMH-MCR Document 25 Filed 08/24/12 Page 1 of 6 PageID 145 NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

A Bill Regular Session, 2015 SENATE BILL 830

A Bill Regular Session, 2015 SENATE BILL 830 Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders

More information

The Benefits of Records and Information Management (RIM) in Electronic Discovery

The Benefits of Records and Information Management (RIM) in Electronic Discovery The Benefits of Records and Information Management (RIM) in Electronic Discovery Challenges The importance of records information management is often underestimated and misunderstood. The absence of solid

More information

Case 3:12-cv-00165-LRH-VPC Document 50 Filed 06/07/13 Page 1 of 6 UNITED STATES DISTRICT COURT

Case 3:12-cv-00165-LRH-VPC Document 50 Filed 06/07/13 Page 1 of 6 UNITED STATES DISTRICT COURT Case :-cv-00-lrh-vpc Document 0 Filed 0/0/ Page of UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 0 GINA NELSON, Plaintiff, vs. NAV-RENO-GS, LLC, et al., Defendants. :-CV-0-LRH (VPC ORDER 0 This discovery

More information

Defendant. Pending before the Court is a motion (Dkt. No. 167) by defendant

Defendant. Pending before the Court is a motion (Dkt. No. 167) by defendant Case 1:08-cv-00623-RJA-JJM Document 170 Filed 08/01/11 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK THE AUTOMOBILE INS. CO. OF HARTFORD, CONNECTICUT a/s/o Sherry Demrick, v. Plaintiff,

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

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

Broward County False Claims Ordinance. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance.

Broward County False Claims Ordinance. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance. Broward County False Claims Ordinance Sec. 1-276. - Short title; purpose. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance. (b) The purpose of the Broward County

More information

TORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians

TORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians This article originally appeared in The Colorado Lawyer, Vol. 25, No. 26, June 1996. by Jeffrey R. Pilkington TORT AND INSURANCE LAW REPORTER Informal Discovery Interviews Between Defense Attorneys and

More information

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

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

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:11-cv-162-FtM-36SPC ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:11-cv-162-FtM-36SPC ORDER GAVIN'S ACE HARDWARE, INC., UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Plaintiff, -vs- Case No. 2:11-cv-162-FtM-36SPC FEDERATED MUTUAL INSURANCE COMPANY, Defendant. ORDER

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

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

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

Florida E-Discovery 2013

Florida 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 information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued April 19, 2016 In The Court of Appeals For The First District of Texas NO. 01-15-00361-CV FREDDIE L. WALKER, Appellant V. RISSIE OWENS, PRESIDING OFFICER OF THE TEXAS BOARD OF PARDONS AND

More information

ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT

ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT Mark J. Oberti Oberti Sullivan LLP 723 Main Street, Suite 340 Houston, Texas 77002 (713) 401-3556 mark@osattorneys.com Edwin Sullivan Oberti Sullivan LLP 723 Main

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD. Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE

More information

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9 WESTERN WORLD INSURANCE COMPANY, INC., Plaintiff, v. JAMES CZECH and WILLIAMS BUILDING COMPANY, INC., Defendants. United States District Court

More information

Court of Appeals, State of Colorado 2 East 14th Ave, Denver, CO 80203

Court of Appeals, State of Colorado 2 East 14th Ave, Denver, CO 80203 Court of Appeals, State of Colorado 2 East 14th Ave, Denver, CO 80203 DATE FILED: April 18, 2014 7:20 PM FILING ID: 9734A64C698C1 CASE NUMBER: 2013CV31385 Name & Address of Lower Court District Court,

More information

Discovery Services WHITE PAPER. Lorraine v. Markel: Electronic Evidence 101

Discovery Services WHITE PAPER. Lorraine v. Markel: Electronic Evidence 101 Common Types of Electronically Stored Information Email: Rules 901(b)(1) (person with personal knowledge); 901(b)(3) (expert testimony or comparison with authenticated example); 901(b)(4) (distinctive

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

Key differences between federal practice and California practice

Key differences between federal practice and California practice Discovery and deposition practice in federal court Key differences between federal practice and California practice BY BRIAN J. MALLOY Federal law governs procedural matters for cases that are in federal

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

to add a number of affirmative defenses, including an allegation that Henry s claim was barred

to add a number of affirmative defenses, including an allegation that Henry s claim was barred REVERSE and REMAND; and Opinion Filed May 11, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00616-CV DOROTHY HENRY, Appellant V. BASSAM ZAHRA, Appellee On Appeal from the

More information

The Need for Discovery Professionals. by David M. Shub, Esq. VP of Discovery Strategy, DiscoverReady LLC

The Need for Discovery Professionals. by David M. Shub, Esq. VP of Discovery Strategy, DiscoverReady LLC by David M. Shub, Esq. VP of Discovery Strategy, DiscoverReady LLC 2007, DiscoverReady LLC July 2007 D iscovery, though an essential part of the legal process, has increasingly become the bane of existence

More information

IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 24, 2010 Session

IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 24, 2010 Session IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 24, 2010 Session STEPHANIE JONES and HOWARD JONES v. RENGA I. VASU, M.D., THE NEUROLOGY CLINIC, and METHODIST LEBONHEUR HOSPITAL Appeal from the

More information

Proposed Changes to Federal Rule 37(e)

Proposed Changes to Federal Rule 37(e) Young Lawyers Preservation of Electronically Stored Information By Jennifer Ecklund and Janelle L. Davis Proposed Changes to Federal Rule 37(e) The proposed rule could go a long way toward providing certainty

More information

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

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

More information

Case 4:10-cv-01249 Document 103 Filed in TXSD on 10/09/13 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 4:10-cv-01249 Document 103 Filed in TXSD on 10/09/13 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Case 4:10-cv-01249 Document 103 Filed in TXSD on 10/09/13 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION TOP PEARL, LTD., Plaintiff, v. CIVIL ACTION H-10-1249 COSA

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Goodridge v. Hewlett Packard Company Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARLES GOODRIDGE, Plaintiff, v. CIVIL ACTION H-07-4162 HEWLETT-PACKARD

More information

Office of Assigned Counsel County of San Diego Application for Indigent Defense Attorney Panel

Office of Assigned Counsel County of San Diego Application for Indigent Defense Attorney Panel . Background Name: SS#: Bar No.: Office Address: Phone: Fax: E-mail: Are you a SDCBA Member? Yes No. Education and Admissions Law School: Graduated: Years Practiced Law: Date Admitted in California: Admitted

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 12-CV-1210

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 12-CV-1210 First American Title Insurance Company v. Westbury Bank Doc. 49 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN FIRST AMERICAN TITLE INSURANCE COMPANY, Plaintiff, v. Case No. 12-CV-1210 WESTBURY

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

Professional Responsibility and New Technology

Professional 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 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

E-Discovery Best Practices

E-Discovery Best Practices José Ramón González-Magaz jrgonzalez@steptoe.com E-Discovery Best Practices www.steptoe.com November 10, 2010 Importance of E-Discovery 92% of all data is ESI. Source: Berkeley Study. 97 billion e-mails

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN M. KELLY : CIVIL ACTION : v. : : No. 09-1641 NATIONAL LIABILITY & FIRE : INSURANCE COMPANY : MEMORANDUM Ludwig. J.

More information

Presenters: Brett Anders, Esq. Joseph J. Lazzarotti, Esq., CIPP/US. Morristown, NJ

Presenters: Brett Anders, Esq. Joseph J. Lazzarotti, Esq., CIPP/US. Morristown, NJ Presenters: Brett Anders, Esq. Joseph J. Lazzarotti, Esq., CIPP/US Morristown, NJ 1 Preservation Privacy & Data Security Search & Review 2 Pre-Litigation Data Map Litigation Hold Procedure Standardized

More information

Case 2:04-cv-00026-JES-DNF Document 471 Filed 05/16/2007 Page 1 of 9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Case 2:04-cv-00026-JES-DNF Document 471 Filed 05/16/2007 Page 1 of 9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Case 2:04-cv-00026-JES-DNF Document 471 Filed 05/16/2007 Page 1 of 9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MARCO ISLAND CABLE, INC., a Florida corporation, Plaintiff,

More information

Failing to Preserve Critical Evidence

Failing to Preserve Critical Evidence Failing to Preserve Critical Evidence Spoliation sanctions and how they can impact your case At some point, most litigation attorneys will be confronted with the problem of their client or the opposing

More information