Proactively Using Information Governance and Advance Planning to Reduce the Burden and Expense of E-Discovery

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Proactively Using Information Governance and Advance Planning to Reduce the Burden and Expense of E-Discovery"

Transcription

1 KNOW THYSELF: Proactively Using Information Governance and Advance Planning to Reduce the Burden and Expense of E-Discovery Jonathan D. Rudolph, General Counsel of Accumen Data Services Jeffrey D. Bukowski, Shareholder, Stevens & Lee Julie E. Ravis, Shareholder, Stevens & Lee

2 2 Overview In this presentation we will discuss: Using information management/governance proactively and the value of understanding your company s own systems and data Implementing policies and procedures for employees use of social media and messaging The importance of a justifiable and reasonable document management and retention system (including destruction) Preparing for Rule 26 conferences and using negotiation to reduce the burden and cost of e-discovery Seeking Court intervention if necessary

3 3 Information Management/Governance Management: Developing a strategy and implementing processes to identify, value, store, and dispose of data based on business, regulatory, and legal needs of the organization Governance: Developing a strategy to control access to and disposition of data Proactive: Implement before litigation arises Advantage: Gradual and on the company s own terms, not based on fast-paced litigation schedule

4 4 Information Management/Governance Why is understanding your data important? Volume of data increasing at more than 40% annually (and nearly doubling every two years) Digital clutter Eliminate difficulty of managing retention (and associated cost and burden) of unnecessary data Maximize the value of your data Faster response time when litigation arises Targeted and more efficient data collection Save your company money (both expenses associated with employee time and outside counsel fees)

5 5 Information Management/Governance Creating a data map Includes information about: Company s technology and infrastructure architecture Systems used by employees outside the company, including personal devices Backup and document retention schedules Corporate policies regarding , internet, social media, and computer usage, among others Any third parties with access to the data

6 Social Media and Messaging 6

7 7 Social Media/Messaging Establish policies for employees use of social media on company devices Include message boards specific to industry BYOD Three options: ban it, actively monitor, or ignore

8 8 Social Media/Messaging Risks to organization reputational and litigation Duty to preserve? Beware of instant messaging and other non- communications

9 9 Data/Document Management In 2012, a survey of corporate CIOs and general counsel found: 1% of data is on litigation hold 5% of data is in a records retention category 25% has current business value The companies in that survey retained 70% of data without any business, regulatory, or legal value Actively seek out untouched/stale data and move it where it belongs or get rid of it

10 10 Data/Document Management Preservation schedules that make sense from multiple perspectives: Business Regulatory Legal Must include destruction schedule that is followed by the company Consider technology to assist in categorization

11 11 Data/Document Management Defensible vs. justifiable litigation hold procedure Refer to data map Surveys or interviews of custodians to determine where relevant data resides Consider value of meeting with key custodians to discuss data Document all steps in the process

12 12 Data/Document Management Duty of preservation must be addressed at the earliest possible opportunity Document preservation cannot be approached as a rote exercise, but must be tailored to the needs of each case Easiest when approached from standard/base process Courts will be more exacting in their requirements when there is more at stake Transparency in e-discovery serves everyone s interest

13 13 Preparing for Rule 26 Conference Knowledge is power What types of data are not accessible or burdensome to collect What information you want from the opposing party Decide how you want to conduct discovery (not the other way around) The rules require counsel to have informed discussions about their client s electronic systems, including Backup systems Preservation efforts Methods to collect data

14 14 Preparing for Rule 26 Conference Everything is negotiable Custodians Types of data / systems to be searched Methodology (predictive coding (TAR), Boolean or keyword searches) Phases of discovery Privilege logs Consider hiring an outside vendor before the conference or better yet before litigation to assess your data

15 15 Preparing for Rule 26 Conference Being in control of the discovery process means not being on the defensive, regardless of what side of the v. you are on Agreeing in advance to how discovery will be conducted can significantly reduce burden, expense, and uncertainty to the company BUT counsel cannot negotiate effectively (or at all) without understanding their client s data and systems

16 16 Preparing for Rule 26 Conference Pitfalls of making agreements or representations without adequate due diligence: Brown v. Tellermate Holdings Ltd., 2014 WL (S.D. Ohio): sanctioning defendant for discovery violations based on failure to discover the existence of certain key documents There may have been a time in the courts of this country when building stone walls in response to discovery requests, hiding both the information sought and even the facts about its existence, was the norm (although never the proper course of action). Those days have passed. Discovery is, under the Federal Rules of Civil Procedure, intended to be a transparent process.

17 17 Preparing for Rule 26 Conference Qualcomm Inc. v. Broadcom Corp., 2008 WL (S.D. Cal. Jan. 7, 2008): $8.5 million sanctions were imposed on plaintiff and its counsel (including in-house counsel) for withholding 46,000 critical documents that extinguished plaintiff s primary legal argument Failure to push hard enough for responsive documents Failure to develop a data map Failure to adequately oversee e-discovery process Failure to cooperate in response to discovery requests Failure to document the document production

18 18 When To Seek Court Intervention If agreement cannot be reached with counsel, and your position is reasonable, what is the downside of asking the Court to determine discovery scope/parameters before issues arise?

19 19 When To Seek Court Intervention Proportionality Fed. R. Civ. P. 26(b)(2)(C)(iii): Discovery must be limited if the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues

20 20 When To Seek Court Intervention Proportionality Fed. R. Civ. P. 37(e): Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system. Fed. R. Civ. P. 37(f): If a party or its attorney fails to participate in good faith in developing and submitting a proposed discovery plan as required by Rule 26(f), the court may, after giving an opportunity to be heard, require that party or attorney to pay to any other party the reasonable expenses, including attorney's fees, caused by the failure.

21 21 When To Seek Court Intervention Cooperation

22 22 When To Seek Court Intervention 9 pages of judges who have judicially endorsed the Cooperation Proclamation, including: Judge Ambrose (W.D. Pa.) Judge Caracappa (E.D. Pa.) Judge Conti (W.D. Pa.) Judge Greenspan (C.C.P. Phila.) Judge Lenihan (W.D. Pa.) Judge Scirica (3d Cir.) Judge Ward (C.C.P. Allegheny) Judge Hayden (D.N.J.) Judge Hochberg (D.N.J.) Judge Hughes (Trenton) Judge Salas (D.N.J.)

23 23 Conclusion Discovery, and particularly e-discovery, is one of the largest components of litigation Prior planning may help reduce burdens and expenses to company associated with producing data Better enable in-house counsel to develop a litigation budget and conclude a matter within the budget

24 Appendix Example of Data Map 24

Data Preservation Duties and Protocols

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

More information

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia

More information

ELECTRONIC DISCOVERY. Dawn M. Curry

ELECTRONIC DISCOVERY. Dawn M. Curry ELECTRONIC DISCOVERY Dawn M. Curry Nutter McClennen & Fish LLP World Trade Center West 155 Seaport Boulevard Boston, Massachusetts 02210 Telephone 617.439.2000 www.nutter.com E-Discovery Facts 93-99% of

More information

The Duty of Preservation

The Duty of Preservation Session 6 ERM Case Law: The Annual MER Update of the Latest News, Trends, & Issues Hon. John M. Facciola United States District Court, District of Columbia Kenneth J. Withers, Esq. Deputy Executive Director,

More information

E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE. Ana Maria Martinez April 14, 2011

E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE. Ana Maria Martinez April 14, 2011 E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE Ana Maria Martinez April 14, 2011 This presentation does not present the views of the U.S. Department of Justice. This presentation is not legal advice.

More information

E-Discovery in Michigan. Presented by Angela Boufford

E-Discovery in Michigan. Presented by Angela Boufford E-Discovery in Michigan ESI Presented by Angela Boufford DISCLAIMER: This is by no means a comprehensive examination of E-Discovery issues. You will not be an E-Discovery expert after this presentation.

More information

Electronic Discovery How can I be prepared? September 2010

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

More information

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

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

More information

www.salixdata.com 513-381-2679

www.salixdata.com 513-381-2679 Electronic Discovery Presented by: Jonathan Adams www.salixdata.com 513-381-2679 Our Goal Explain E-Discovery in layman s terms Equip you to be able to add value to your organization SALIX is the region

More information

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

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

NightOwlDiscovery. EnCase Enterprise/ ediscovery Strategic Consulting Services

NightOwlDiscovery. EnCase Enterprise/ ediscovery Strategic Consulting Services EnCase Enterprise/ ediscovery Strategic Consulting EnCase customers now have a trusted expert advisor to meet their discovery goals. NightOwl Discovery offers complete support for the EnCase Enterprise

More information

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

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

More information

E-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

Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS CARGILL MEAT SOLUTIONS CORPORATION, v. Plaintiff, PREMIUM BEEF FEEDERS,

More information

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

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

More information

Navigating Information Governance and ediscovery

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

More information

Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure

Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure MEALEY S TM LITIGATION REPORT Discovery Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure by Michael C. Lynch and Lystra Batchoo Kelley

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Franke v. Bridgepoint Education, Inc. et al Doc. 1 1 1 1 1 0 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA In re BRIDGEPOINT EDUCATION, INC., SECURITIES LITIGATION Civil No. 1cv JM (JLB)

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

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

A Brief Overview of ediscovery in California

A Brief Overview of ediscovery in California What is ediscovery? Electronic discovery ( ediscovery ) is discovery of electronic information in litigation. ediscovery in California is governed generally by the Civil Discovery Act. In 2009, the California

More information

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

REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY

REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY Steven M. Gruskin Carl J. Pellegrini Sughrue Mion, PLLC 2100 Pennsylvania Ave. NW Washington, DC 20037 www.sughrue.com On December 1, 2006, the Federal

More information

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

2015 ANNUAL MEETING Vancouver, BC September 11, 2015. Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery?

2015 ANNUAL MEETING Vancouver, BC September 11, 2015. Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery? 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

More information

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

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

More information

SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM FOR DISCOVERY OF ELECTRONICALLY STORED

SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM FOR DISCOVERY OF ELECTRONICALLY STORED SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM PROPOSED PRINCIPLES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION Sean M. Hendricks, J.D. Client Services Manager (312) 893-7321 / shendricks@forensicon.com

More information

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

Amendments to Federal Rules of Civil Procedure. electronically stored information. 6 Differences from Paper Documents Amendments to Federal Rules of Civil Procedure Electronic Discovery effective Dec. 1, 2006 Copyright David A. Devine GROH EGGERS, LLC Rules amended: 16, 26, 33, 34, 37 & 45 Sources of information: Rules

More information

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

MANAGING BIG DATA IN LITIGATION

MANAGING BIG DATA IN LITIGATION David Han 2015 MANAGING BIG DATA IN LITIGATION DAVID HAN Associate, Morgan Lewis & Bockius, edata Practice Group MANAGING BIG DATA Data volumes always increasing New data sources Mobile Internet of Things

More information

ediscovery: The New Information Management Battleground Developments in the Law and Best Practices

ediscovery: The New Information Management Battleground Developments in the Law and Best Practices Sponsored by ediscovery: The New Information Management Battleground Developments in the Law and Best Practices Kahn Consulting Inc. (847) 266-0722 info@kahnconsultinginc.com Introduction The following

More information

DOCSVAULT WhitePaper. Concise Guide to E-discovery. Contents

DOCSVAULT WhitePaper. Concise Guide to E-discovery. Contents WhitePaper Concise Guide to E-discovery Contents i. Overview ii. Importance of e-discovery iii. How to prepare for e-discovery? iv. Key processes & issues v. The next step vi. Conclusion Overview E-discovery

More information

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised

More information

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

Acknowledgments Introduction: Welcome to the Labyrinth. CHAPTER 1 Gathering the Evidence 1. CHAPTER 2 Third-Party Experts 25 Acknowledgments Introduction: Welcome to the Labyrinth xi xiii CHAPTER 1 Gathering the Evidence 1 Form 1.1: General Preliminary Electronic Evidence Questions for Your Client 3 Form 1.2: Checklist to Define

More information

Electronic Discovery

Electronic Discovery Electronic Discovery L. Amy Blum, Esq. UCLA University of California, Los Angeles 1 Topics Not Covered Best practices for E-mail E use and retention in the ordinary course of business Records Disposition

More information

Amendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP

Amendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP Amendments to the Rules to Civil Procedure: Yours to E-Discover Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP September 25, 2009 Amendments to the Rules of Civil Procedure: Yours to

More information

Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY

Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY 2016 CLM Annual Conference April 6-8, 2016 Orlando, FL Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY Understanding e-discovery definitions and concepts is critical to working with vendors,

More information

Electronic Discovery: 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

Assembly Bill No. 5 CHAPTER 5

Assembly Bill No. 5 CHAPTER 5 Assembly Bill No. 5 CHAPTER 5 An act to amend Sections 2016.020, 2031.010, 2031.020, 2031.030, 2031.040, 2031.050, 2031.060, 2031.210, 2031.220, 2031.230, 2031.240, 2031.250, 2031.260, 2031.270, 2031.280,

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

10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young

10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young 10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young 10 1 Electronic Records Have Exacerbated the Discovery Burden Employees (custodians) are typically pack rats for electronic

More information

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

Case 2:12-cv-02198-JWS Document 113 Filed 05/12/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:12-cv-02198-JWS Document 113 Filed 05/12/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case 2:12-cv-02198-JWS Document 113 Filed 05/12/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Mary M. Murphy, individually and as conservator for her minor children, W. M. and L. M.,

More information

BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure. A Clearwell Systems White Paper

BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure. A Clearwell Systems White Paper BEYOND THE HYPE: UNDERSTANDING THE REAL IMPLICATIONS OF THE AMENDED FRCP PA G E : 1 BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure A Clearwell Systems

More information

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

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

SSSHHHHH THERE S AN INSURANCE BROKER IN THE ROOM!

SSSHHHHH THERE S AN INSURANCE BROKER IN THE ROOM! ABA Section of Litigation 2012 Insurance Coverage Litigation Committee CLE Seminar, March 1-3, 2012: Hey! Give Me Back That Document! Privilege Issues in Insurance Coverage Disputes SSSHHHHH THERE S AN

More information

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

Overview of E-Discovery and Depositions in U.S. IP Litigation Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Overview of E-Discovery and Depositions in U.S. IP Litigation Naoki Yoshida April 19, 2013 TOPICS E-Discovery in U.S. IP Litigation Depositions in U.S.

More information

E-Discovery and ESI Recent Decisions and Best Practices

E-Discovery and ESI Recent Decisions and Best Practices E-Discovery and ESI Recent Decisions and Best Practices Ben Feldman bfeldman@foxrothschild.com 412.391.2428 2014 Fox Rothschild ESI Humor ESI Humor Begs the Question What is ESI? For the purpose of the

More information

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

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

More information

COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS

COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS Introduction While electronic documents are included in the definition of document contained

More information

New E-Discovery Rules: Is Your Company Prepared?

New E-Discovery Rules: Is Your Company Prepared? November 2006 New E-Discovery Rules: Is Your Company Prepared? By Maureen O Neill, Kirby Behre and Anne Nergaard On December 1, 2006, amendments to the Federal Rules of Civil Procedure ( FRCP ) concerning

More information

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

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

More information

THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS

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

More information

Cyber Tech & E-Commerce

Cyber Tech & E-Commerce MEALEY S LITIGATION REPORT Cyber Tech & E-Commerce The Duty To Preserve Data Stored Temporarily In Ram: Is The Sky Really Falling? by J. Alexander Lawrence Morrison & Foerster New York, New York A commentary

More information

Legal Arguments & Response Strategies for E-Discovery

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

More information

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

Patent Litigation at the ITC: Views from the Government, In-House Attorneys and Outside Counsel

Patent Litigation at the ITC: Views from the Government, In-House Attorneys and Outside Counsel Patent Litigation at the ITC: Views from the Government, In-House Attorneys and Outside Counsel In-House Panel Sponsored by: THE GIBBONS INSTITUTE OF LAW, SCIENCE & TECHNOLOGY Seton Hall University School

More information

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

IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management.

IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management. IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682 Amending Civil Rules 16, 26, 33, 34, 37, and 45 concerning Discovery of Electronic Information IT IS ORDERED: 1. Civil Rule 16 is amended to read

More information

Outlaw v. Willow Oral Argument Motions for Sanctions

Outlaw v. Willow Oral Argument Motions for Sanctions William Mitchell E-Discovery Symposium Outlaw v. Willow Oral Argument Motions for Sanctions Mary T. Novacheck, Esq. Partner Bowman and Brooke LLP Outlaw's Motion: Cost Shift Vendor Fees to Willow Prior

More information

Making Sense of E-Discovery: 10 Plain Steps for Producing ESI

Making Sense of E-Discovery: 10 Plain Steps for Producing ESI Making Sense of E-Discovery: 10 Plain Steps for Producing ESI The following article provides a practical guide to producing electronically stored information (ESI) that lawyers can apply immediately in

More information

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

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

More information

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

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

Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age

Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age Panel Members Judge Ronald L. Buch, Moderator Panelists The Honorable Paul W. Grimm U.S. District Court for

More information

E-Discovery: New to California 1

E-Discovery: New to California 1 E-Discovery: New to California 1 Patrick O Donnell and Martin Dean 2 Introduction The New Electronic Discovery Act The new Electronic Discovery Act, Assembly Bill 5 (Evans), has modernized California law

More information

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

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

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

More information

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

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

The Seventh Circuit Electronic Discovery Pilot Program Hope for the Future

The Seventh Circuit Electronic Discovery Pilot Program Hope for the Future Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 20, Number 2 (20.2.16) Feature Article By:Steven M. Puiszis Hinshaw & Culbertson, LLC

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

102 ediscovery Shakedown: Lowering your Risk. Kindred Healthcare

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

More information

Third-party ediscovery Providers = Insulation Against Cold, Harsh Sanctions?

Third-party ediscovery Providers = Insulation Against Cold, Harsh Sanctions? A SCARAB CONSULTING WHITEPAPER January, 2012 Third-party ediscovery Providers = Insulation Against Cold, Harsh Sanctions? Synopsis The risk of sanctions resulting from 1) corporations doing selfcollections

More information

CALIFORNIAS NEW ELECTRONIC DISCOVERY ACT ASSEMBLY BILL NO. 5

CALIFORNIAS NEW ELECTRONIC DISCOVERY ACT ASSEMBLY BILL NO. 5 E-MAIL LINKS DATABASES SEARCH FIRMS MEMBER PROFILES FORUM VENDORS CALENDAR SEARCH My Dashboard My Messages (1) Firm Menu My Articles My Expert Witnesses My Links My Mediators / Arbiters My News / Updates

More information

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

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

You Know It Is Coming: Preparing for the Paragraph IV Letter

You Know It Is Coming: Preparing for the Paragraph IV Letter You Know It Is Coming: Preparing for the Paragraph IV Letter John Farrell, Fish & Richardson Matt Onaitis, Somaxon William Scarff, Allergan Jonathan Singer, Fish & Richardson Table of Contents Regulatory

More information

Ten Practical Tips in E-Discovery Advocacy

Ten Practical Tips in E-Discovery Advocacy Ten Practical Tips in E-Discovery Advocacy Introduction Electronic discovery involves a variety of challenges, some of which can be contentious. Disagreements can arise regarding issues such as preservation,

More information

Case Law in 2014. In 2014, Kroll Ontrack summarized 50 salient ediscovery opinions apportioned by topic as follows: 22% 42%

Case Law in 2014. In 2014, Kroll Ontrack summarized 50 salient ediscovery opinions apportioned by topic as follows: 22% 42% Contents 3 4 7 9 11 13 15 Case Law in 2014 Procedural Issues: Predictive Coding Preservation & Spoliation: Unique Data Types Production: Scope and Proportionality Sanctions: Delegation of Ediscovery Costs:

More information

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

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

More information

Conference Cooperation Proclamation

Conference Cooperation Proclamation 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

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

The Importance of Appropriate Record Retention Policies

The Importance of Appropriate Record Retention Policies The Importance of Appropriate Record Retention Policies Copyright 2003 by Document Technologies, Inc. David Shub, Discovery and Records Management Director 1 With HIPAA, Sarbanes-Oxley, and various high-profile

More information

ediscovery and Information Governance Practice Overview

ediscovery and Information Governance Practice Overview ediscovery and Information Governance Practice Overview ediscovery and Information Governance Electronic discovery, or ediscovery, is increasingly changing from the exception to the norm in modern litigation.

More information

Electronic Discovery The Sedona Canada Principles

Electronic Discovery The Sedona Canada Principles Electronic Discovery The Sedona Canada Principles Steve Accette Peg Duncan Department of Justice April 9, 2008 Page 1 Introduction to the discovery of electronic documents The discovery of electronic information

More information

ediscovery: Trends & Challenges

ediscovery: Trends & Challenges ediscovery: Trends & Challenges Joseph P. Grasser Carrie E. Jantsch January 28, 2014 Overview Trends & Challenges Mobile Device Electronic Discovery and BYOD Policies How BYOD Policies Complicate E-Discovery

More information

How to Manage Costs and Expectations for Successful E-Discovery: Best Practices

How to Manage Costs and Expectations for Successful E-Discovery: Best Practices How to Manage Costs and Expectations for Successful E-Discovery: Best Practices Mukesh Advani, Esq., Advisory Board Member, UBIC North America, Inc. UBIC North America, Inc. 3 Lagoon Dr., Ste. 180, Redwood

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

2015 Ediscovery Case Law and Rules: Year in Review

2015 Ediscovery Case Law and Rules: Year in Review 2015 Ediscovery Case Law and Rules: Year in Review 1 Agenda Top 10 Ediscovery Cases of 2015 Rules Developments California Ethics Opinion Federal Rules of Civil Procedure 2 3 2015 Ediscovery Case Law Case

More information

LAWYERS FOR CIVIL JUSTICE. COMMENT to the ADVISORY COMMITTEE ON CIVIL RULES THOUGHTS ON THE NOTE TO PROPOSED RULE 37(e) April 25, 2014

LAWYERS FOR CIVIL JUSTICE. COMMENT to the ADVISORY COMMITTEE ON CIVIL RULES THOUGHTS ON THE NOTE TO PROPOSED RULE 37(e) April 25, 2014 LAWYERS FOR CIVIL JUSTICE COMMENT to the ADVISORY COMMITTEE ON CIVIL RULES THOUGHTS ON THE NOTE TO PROPOSED RULE 37(e) April 25, 2014 Lawyers for Civil Justice ( LCJ ) respectfully submits the following

More information

Case 2:13-cv-05842-JCZ-KWR Document 26 Filed 06/16/14 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:13-cv-05842-JCZ-KWR Document 26 Filed 06/16/14 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA Case 2:13-cv-05842-JCZ-KWR Document 26 Filed 06/16/14 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA GAIL CARTER, ET AL. CIVIL ACTION VERSUS NO: 13-5842 GULFSTREAM PROPERTY AND

More information

(Previously published in The Legal Intelligencer, November 8, 2011) New Cost Guidelines for E-Discovery by Peter Vaira

(Previously published in The Legal Intelligencer, November 8, 2011) New Cost Guidelines for E-Discovery by Peter Vaira (Previously published in The Legal Intelligencer, November 8, 2011) New Cost Guidelines for E-Discovery by Peter Vaira In a recent case in the Eastern District, Judge Legrome Davis upheld court costs of

More 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

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

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

More information

AN E-DISCOVERY MODEL ORDER

AN E-DISCOVERY MODEL ORDER AN E-DISCOVERY MODEL ORDER INTRODUCTION Since becoming a staple of American civil litigation, e-discovery has been the subject of extensive review, study, and commentary. See The Sedona Principles: Best

More information

ediscovery Update February 2010

ediscovery Update February 2010 ediscovery Update February 2010 VEDDERPRICE ediscovery Update Chicago New York Washington, D.C. February 2010 Zubulake Revisited Preservation Obligations and Sanctions Standards Clarifi ed In Pension Committee

More information