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

Size: px
Start display at page:

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

Transcription

1 California Electronic Discovery Rules William W. Belt, Jr. July 16, 2009

2 Today s speaker and some notes... Bill Belt William.Belt@LeClairRyan.com Welcome. With the high number of attendees, please note all lines have been muted for the event. Q&A can be posted at the right of your screen, but any questions (time permitting) will be addressed at the end of the event. If using Q&A please send to both the host and the presenter. You can send direct questions (including request for copy of slides) to seminars@leclairryan.com with California E- Discovery Rules Webinar in the subject for reply after the event. 2

3 California MCLE & Virginia Credit Prior to the event, the appropriate documents were distributed for CLE, which has been applied for in Virginia. On approval, the Virginia course number will be distributed. For California attendees, please sign the document with the attendance roster, the survey and scan/ the form to or fax it to

4 Why This Matters June 29, 2009 Adoption of Rules Explicitly Permitting Discovery of ESI Modeled on Federal Rules Not all the Federal rules were adopted Existing California case law and statutory background very different than Federal courts 4

5 What made it into the rules ESI Form of Production Inaccessibility Objection Privilege Process Safe Harbor Language Third Party Subpoenas 5

6 What did not Pre-Trial Conferences (Rules 16 and 26) Evidence Rules (FRE 502 The other electronic discovery rules ) Inadvertent Production Rules Clawbacks Subject Matter Waiver 6

7 What we will cover ESI Basics Defining ESI Objecting to Inaccessible ESI and Motions Practice Production Format Privilege Sanctions / Safe Harbor / Preservation Third Party Subpoenas 7

8 ESI Basics 8

9 Why the Rules Changed Evidence is Electronic 95% of evidence is electronic Most litigants documents never get printed Federal Rules already address ESI Many states already address ESI ESI is persistent 9

10 ESI is Qualitatively Different Informal partial substitute for meetings & telephone. Can contain off-hand comments, halfjokes, and other statements lacking reflection Dynamic changes/deletes, often automatically retention policies on Inbox: auto-delete after 90 days VM auto-delete Browser history Backup tapes routinely recycled 10

11 Stored in Many Places Databases Document management and imaging systems E.g. Documentum (in pharmas.) E.g. IBM s FileNet (imaged contracts or human services case management system) Some tendency for construction contractors to image their materials on large projects E.g. Microsoft SharePoint Browser history, cookies, cache Employment cases (allegedly hostile work environment) VM Sometimes in (.wav files, unified messaging ) Instant messaging Video (YouTube) Social networking sites 11

12 ESI is Voluminous Kilobytes a letter; s, e-docs Megabytes a paperback; with pdf attachments Gigabytes a pickup truck of paperbacks; stores like pst s, edb s, ost s and nsf s Terabytes a library floor; servers and backup tapes 12

13 13

14 Discovery is Different Paper from 20 Employees ESI from 20 Employees Paper from each individual: average about 2 boxes per witness (about 100,000 pages) Paper from each department: average about 10 boxes X 5 departments (about 125,000 pages) Paper from Cold Storage 75 boxes (about 175,000 pages) Total 400,000 pages 2 gigs of s and e-docs from each custodian (1-2 million pages) Data from servers (databases, shared drives)(1 million pages) Data from back-up tapes (2 million pages) Total 5 million pages 14

15 ESI Buzzwords Processing De-Duping and Near Duping De-Nisting and file type filtering Hashing Tiff ing OCR ing Date Filtering Keyword or Concept Searching Clustering 15

16 ESI Resources 16

17 17

18 Defining ESI 18

19 Old Definition "Document" - a writing as defined in Section 250 of the Evidence Code, which states: "Writing" - any form of communication, and any record thereby created, regardless of the manner in which the record has been stored. 19

20 New ESI Definition "Electronically stored information" means information that is stored in an electronic medium (e) 20

21 Electronic Defined "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities (d) 21

22 FRCP 34 Comment: information that is stored in a medium from which it can be retrieved and examined. 22

23 How Expansive? RAM case Existing optical technology New Technologies Social Networking 23

24 Demanding ESI 24

25 Demanding ESI Section (e) A party may demand that any other party produce and permit the party making the demand, or someone acting on that party's behalf, to inspect, copy, test, or sample electronically stored information in the possession, custody, or control of the party on whom demand is made. 25

26 Production Format 26

27 In The Demand - Section (2) A party demanding inspection, copying, testing, or sampling of electronically stored information may specify the form or forms in which each type of electronically stored information is to be produced. 27

28 In the Response (c) If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information. 28

29 Standard Section (d) (d) Unless the parties otherwise agree or the court otherwise orders, the following shall apply: (1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable. 29

30 Legal Standard for Productions Reasonably useable is case specific Tiff s only? Tiff s and Text? Tiff s, Text and some Metadata? Tiff s, Text, some Metadata, and some Natives? Load Files with all of the above? Hosted? s in reconsitituted PST s or.msg s? 30

31 Native Production Challenges Easy to alter Difficult to bates and confidentiality stamp Difficult to redact Difficult to implement authentication procedures May require special software to read 31

32 Inaccessible 32

33 Inaccessibility Objection Section (d) If a party objects to the discovery of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the responding party will not search the source in the absence of an agreement with the demanding party or court order, the responding party shall identify in its response the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the responding party preserves any objections it may have relating to that electronically stored information 33

34 Objection followed by Motion to Compel Section Producing Party objects within 30 days Section Requesting party must then move to compel within 45 days Must show specific facts showing good cause Must include meet and confer declaration Producing Party still has burden to show inaccessibility 34

35 Motion for Protective Order Section Producing Party must file promptly Producing Party must file meet and confer declaration Producing Party shoulders burden of proof that ESI is inaccessible Court may nonetheless order production or limited production 35

36 Cost Shifting Section (f) On ordering production, the court may set conditions for the discovery of the electronically stored information, including allocation of the expense of discovery. 36

37 Protection under Existing Rules Section (a) The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. 37

38 Cost Shifting under Existing Rules Old Sections (e) and (g) If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form. 38

39 39

40 Cost Shifting Cases Toshiba American Elec. Components v. Superior Court (Lexar Media), 124 Cal. App. 4 th 762 (2004) (Costs shifted to restore backup tapes under Section ) Zubulake (Basis for FRCP 7-factor test) (1) request is specifically tailored; (2) availability from other sources; (3) total cost of production vs. amount in controversy; (4) the total cost of production vs. parties resources (5) ability and incentive of each party to control costs (6) the importance of the issue at stake in the litigation and; (7) the relative benefits to the parties of obtaining the information. 40

41 Privilege 41

42 Evidence Code 912 (a) Except as otherwise provided in this section, the right of any person to claim a privilege is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to disclosure made by anyone. Consent to disclosure is manifested by any statement or other conduct of the holder of the privilege indicating consent to the disclosure, including failure to claim the privilege in any proceeding in which the holder has the legal standing and opportunity to claim the privilege. 42

43 CA Waiver Rule O'Mary v. Mitsubishi Electronics America, Inc., 59 Cal.App.4th 563, 577 (1997). "Plaintiff invites us to adopt a 'gotcha' theory of waiver, in which an underling's slip-up in a document production becomes the equivalent of actual consent. We decline." (Emphasis added.). 43

44 CA Waiver Rule Multi-factor test: 1. Intent of holder 2. Procedures to prevent inadvertent production 3. Promptness of notice State Compensation Ins. Fund v. Telanoff, 70 Cal. App. 4 th 644 (Cal. Ct. App. 1999) 44

45 The New Rule is Procedural Section Party making privilege claim notifies opponent Receiving party sequesters and returns; or sequesters and presents to court Parties are precluded from use pending resolution Receiving party must take reasonable steps to retrieve what it disclosed 45

46 Unaddressed Protections Clawback agreement: stip that production doesn t mean privilege waiver; and if producing party identifies documents inadvertently produced, responding party should return them. Quick peek : stip that receiving party gets to look at documents before privilege review and production, and to designate documents believed responsive. Problems: Can t un-ring this bell Third parties (e.g. in related cases) will be able to use material, despite clawback Doesn t modify underlying privilege law of how long producing party has to realize error, how wide waiver is. Ethical duty to preserve client secret 46

47 Safe Harbor 47

48 The Rule - Section (d) Absent exceptional circumstances no sanctions for ESI lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. This subdivision shall not be construed to alter any obligation to preserve discoverable information. 48

49 Sanctions Sanctions can be severe; e.g. adverse inference jury instruction; i.e. that the jury may infer that the lost ESI would have been unfavorable to the sanctioned party. (Zubulake) Sanctions can be on counsel: failure to oversee client, who (even as an apparent power user) did not realize there were parts of the file server other than his network share. (Phoenix Four v. Strategic Resources Corp., 2006 U.S. Dist. Lexis (SDNY 2006)) 49

50 Sanctions absent exceptional circumstances unclear; extreme prejudice? sanctions under these rules court could still order additional depositions, other discovery to make up for lost ESI; not sanctions 50

51 Guidance from FRCP Committee Note Whether good faith would call for steps to prevent the loss of information on sources that the party believes are not reasonably accessible under Rule 26(b)(2) depends on the circumstances of each case. One factor is whether the party reasonably believes that the information on such sources is likely to be discoverable and not available from reasonably accessible sources. Committee Note on Rule 37(f). FRCP Factors Steps taken to implement litigation hold; accessibility of ESI; whether party should have known of loss; and whether unavailable from any other source. 51

52 Preservation Preservation : duty to preserve relevant evidence arises when a party should have known that the evidence may be relevant to future litigation. Fujitsu Ltd. v. Federal Express Corp., 247 F.3d 423, 435 (2d Cir. 2001). Defendant has notice of foreseeable litigation at time of complaint and sometimes earlier Plaintiff foresees litigation well before service of complaint Preservation ( litigation hold ) notice To whom (besides IT)? Who are custodians? Preserve what? Stop overwriting backup tapes? Any particularly ephemeral ESI? VM?? Employee deleting /files of work computer? 52

53 Third Party Subpoenas 53

54 Protection for Third Parties Duty to limit burden placed on subpoenaed parties Cost Shifting Provision (g) Cases do not support independent tort for spoliation by third parties. 54

55 Resources The Sedona Conference working papers; see BNA s Electronic Discovery Practice Under the Federal Rules Michael Arkfeld, Electronic Discovery and Evidence eryroadmap.jsp 55

56 Conclusion Key to Electronic Discovery will continue to be: Reasonableness Standard Balancing test: Cost benefit Analysis Case specific adjudication waiver cost shifting Need to be Prepared 56

57 Usage This webinar slide show provides general information and is not legal advice and should not be used or taken as legal advice for specific situations. You should consult legal counsel before taking any action or making any decisions concerning the matters in this show. This communication does not create an attorney-client relationship between LeClairRyan, A Professional Corporation, and the recipient. Copyright 2009 LeClairRyan, A Professional Corporation. All rights reserved. 57

58 Thank You 58

The Essentials of E-Discovery

The Essentials of E-Discovery The Essentials of E-Discovery Discovery Solutions and Labor and Employment Groups Webinar May 7, 2009 12:00 to 1:00 p.m. James P. Anelli, Esq. William B. Belt Jr., Esq. Today s attorneys and some notes...

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

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

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

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

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

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

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

Electronic Evidence and Discovery: The Changes in the Federal Rules. April 25, 2007 Bill Belt

Electronic Evidence and Discovery: The Changes in the Federal Rules. April 25, 2007 Bill Belt Electronic Evidence and Discovery: The Changes in the Federal Rules April 25, 2007 Bill Belt Key dates» 2000 Judge Scheindlin coins term ESI in Boston College Law Review Article.» 2000 Chair of the Advisory

More information

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

ANALYSIS OF ORIGINAL BILL

ANALYSIS OF ORIGINAL BILL Franchise Tax Board ANALYSIS OF ORIGINAL BILL Author: Evans Analyst: Deborah Barrett Bill Number: AB 5 See Legislative Related Bills: History Telephone: 845-4301 Introduced Date: December 1, 2008 Attorney:

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

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

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

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

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

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

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

More information

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

COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014

COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014 COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Professors:Mark Austrian Christopher Racich Fall 2014 Introduction The ubiquitous use of computers, the

More information

E-Discovery 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

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

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

How To Schedule A Case In The Court Of Appeals

How To Schedule A Case In The Court Of Appeals IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN RE: AMENDMENTS TO THE TENNESSEE RULES OF CIVIL PROCEDURE Filed: June 20, 2008 ORDER The Advisory Commission on the Rules of Practice & Procedure annually

More information

2004 E-Discovery Developments: Year in Review

2004 E-Discovery Developments: Year in Review 2004 E-Discovery Developments: Year in Review Sean Foley, Esq., Legal Consultant Michele C.S. Lange, Esq., Staff Attorney, Legal Technologies January 20, 2005 Presenters Sean Foley, Esq., Legal Consultant

More information

Friday 31st October, 2008.

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

More information

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-docs and Forensics in the New e-discovery Era

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

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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

More information

THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS

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

More information

E-Discovery 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

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

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

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

Predictability in E-Discovery

Predictability in E-Discovery Predictability in E-Discovery Presented by: John G. Roman, Jr. National Manager, Practice Group Technology Services Nixon Peabody LLP Tom Barce Assistant Director of Practice Support Fulbright & Jaworski

More information

grouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2)

grouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2) ESI: Federal Court An introduction to the new federal rules governing discovery of electronically stored information In September 2005, the Judicial Conference of the United States unanimously approved

More information

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

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

How To Write A Hit Report On A Lawsuit Against A Company

How To Write A Hit Report On A Lawsuit Against A Company Everything You Wanted to Know About ESI and E-Discovery but Were Afraid to Ask Jason M. Pistacchio Presented By: Gregory S. Johnson Attorney Attorney/Legal Technologist Cosgrave Vergeer Kester LLP Paine

More information

Rule 26. General Provisions Governing Discovery.

Rule 26. General Provisions Governing Discovery. Published on Arkansas Judiciary (https://courts.arkansas.gov) Rule 26. General Provisions Governing Discovery. (a) Discovery Methods. Parties may obtain discovery by one or more of the following methods:

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

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

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

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

More information

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

Spotlight on Electronic Discovery: What Every Audit Control Professional Needs to Know

Spotlight on Electronic Discovery: What Every Audit Control Professional Needs to Know Spotlight on Electronic Discovery: What Every Audit Control Professional Needs 1 Electronic Discovery: What Every Audit Control Professional Needs The Importance of Communicating The single biggest problem

More information

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

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

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

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

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

(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp

(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp Rule 45. Subpoena. (a) Form; Issuance. (1) Every subpoena shall state all of the following: a. The title of the action, the name of the court in which the action is pending, the number of the civil action,

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

2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013

2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013 1 2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013 CONTEXT 2006 FEDERAL COURT E-DISCOVERY AMENDMENTS The 2006 Federal E-Discovery

More information

How To Handle Electronic Discovery In Aransas

How To Handle Electronic Discovery In Aransas Electronic Discovery and Document Retention Guidelines for Government Attorneys and Administrators Prepared by Colin Jorgensen, Arkansas Attorney General s Office, June 2015 I. INTRODUCTION Advancing computer

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

How To Understand Electronic Discovery

How To Understand Electronic Discovery 1 Spotlight on Electronic Discovery: What Every Records Manager Needs to Know The Importance of Communication The single biggest problem in communication is the illusion that it has taken place. ---George

More information

E-DISCOVERY IN THE US

E-DISCOVERY IN THE US E-DISCOVERY IN THE US A PRIMER Changing legal requirements and growing volumes of electronically stored information have made the discovery process more daunting and costly than ever before. This article

More information

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

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-199 HOUSE BILL 380

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-199 HOUSE BILL 380 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-199 HOUSE BILL 380 AN ACT TO CLARIFY THE PROCEDURE FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND TO MAKE CONFORMING CHANGES TO

More information

The Rules have Changed

The Rules have Changed The Rules have Changed The management of electronic research records is more important than ever before Michael H Elliott Published in Scientific Computing May 2007 A patent provides rights to an inventor

More information

Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners

Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners INTRODUCTION Virtually all modern discovery involves electronically stored information (ESI). The production and

More information

By Faith M. Heikkila

By Faith M. Heikkila Shedding Light on the New E-Discovery Rules and the Role of IT April 20, 2007 By Faith M. Heikkila Ph.D. Candidate in Information Systems Regional Security Services Manager - Great Lakes April GR ISSA

More information

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Electronic Record Retention and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Agenda What is all this ediscovery buzz? Email is major focus of ESI Impact of New FRCP rules

More information

4/23/2014. E-Discovery. What is ESI? Discovery. Electronically Stored Information. The downside. Discovery generally. E-Discovery

4/23/2014. E-Discovery. What is ESI? Discovery. Electronically Stored Information. The downside. Discovery generally. E-Discovery E-Discovery Emily Keimig Lori Philips 303.299.8240 404.567.4377 ekeimig@shermanhoward.com lphillips@shermanhoward.com What is ESI? Electronically Stored Information The downside Discovery Discovery generally

More information

E-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert

E-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert E-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert While updating the two-day seminar Chris Grillo and

More information

ESI Preservation in Employment Litigation: Counsel s Guide to New FRCP ediscovery Amendments

ESI Preservation in Employment Litigation: Counsel s Guide to New FRCP ediscovery Amendments ESI Preservation in Employment Litigation: Counsel s Guide to New FRCP ediscovery Amendments FEATURED FACULTY: Patricia E. Antezana, Counsel, Reed Smith LLP PAntezana@ReedSmith.com Steven C. Bennett, Partner,

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

Five Rules for Discovery of Electronically Stored Information

Five Rules for Discovery of Electronically Stored Information Five Rules for Discovery of Electronically Stored Information Eastern North Carolina Inn of Court Spring Meeting New Bern, NC May 17, 2012 M ARK SCRUGGS C LAIMS COUNSEL L AWYERS MUTUAL 5020 Weston Parkway,

More information

How E-Discovery Will Impact Your Life as a Storage Professional. David Stevens, Carnegie Mellon University

How E-Discovery Will Impact Your Life as a Storage Professional. David Stevens, Carnegie Mellon University How E-Discovery Will Impact Your Life as a Storage Professional David Stevens, Carnegie Mellon University SNIA Legal Notice The material contained in this tutorial is copyrighted by the SNIA. Member companies

More information

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

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

More information

for Insurance Claims Professionals

for Insurance Claims Professionals A Practical Guide to Understanding ediscovery for Insurance Claims Professionals ediscovery Defined and its Relationship to an Insurance Claim Simply put, ediscovery (or Electronic Discovery) refers to

More information

CIVIL DISCOVERY STANDARDS* AUGUST 1999 [NOVEMBER 2003 DRAFT AMENDMENTS TO ELECTRONIC DISCOVERY STANDARDS]

CIVIL DISCOVERY STANDARDS* AUGUST 1999 [NOVEMBER 2003 DRAFT AMENDMENTS TO ELECTRONIC DISCOVERY STANDARDS] http://www.abanet.org/litigation/taskforces/electronic/amendments.doc CIVIL DISCOVERY STANDARDS* AUGUST 1999 [NOVEMBER 2003 DRAFT AMENDMENTS TO ELECTRONIC DISCOVERY STANDARDS] *The Standards, which appear

More information

Case 1:13-cv-00586-AWI-SAB Document 41 Filed 02/20/14 Page 1 of 13

Case 1:13-cv-00586-AWI-SAB Document 41 Filed 02/20/14 Page 1 of 13 Case :-cv-00-awi-sab Document Filed 0// Page of 0 DALE L. ALLEN, JR., SBN KEVIN P. ALLEN, SBN 0 ALLEN, GLAESSNER & WERTH, LLP 0 Montgomery Street, Suite 0 San Francisco, California 0 Telephone: () -00

More information

Spotlight on Electronic Discovery: What Every Information Audit Professional Needs to Know

Spotlight on Electronic Discovery: What Every Information Audit Professional Needs to Know Spotlight on : What Every Information Audit Professional Needs to Know 1 The Importance of Communication The single biggest problem in communication is the illusion that it has taken place. ---George Bernard

More information

DISCOVERY ISSUES IN PATENT LITIGATION. Jeffrey C. Morgan Christina Bost Seaton

DISCOVERY ISSUES IN PATENT LITIGATION. Jeffrey C. Morgan Christina Bost Seaton 13 DISCOVERY ISSUES IN PATENT LITIGATION Jeffrey C. Morgan Christina Bost Seaton Troutman Sanders LLP The views and opinions expressed in this article are those of the authors and not necessarily those

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

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

E-Discovery Basics For the RIM Professional. Learning Objectives 5/18/2015. What is Electronic Discovery?

E-Discovery Basics For the RIM Professional. Learning Objectives 5/18/2015. What is Electronic Discovery? E-Discovery Basics For the RIM Professional By: Andy Sokol, CEDS, CSDS Adding A New Service Offering For Your Legal & Corporate Clients Learning Objectives What is Electronic Discovery? How Does E-Discovery

More information

How To Protect Your Electronic Information System From Being Destroyed

How To Protect Your Electronic Information System From Being Destroyed 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

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

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

More information

INTERNET ISSUES: PROTECTING TRADE SECRETS NEW E-DISCOVERY RULES. William R. Denny Potter Anderson & Corroon LLP September 26, 2006

INTERNET ISSUES: PROTECTING TRADE SECRETS NEW E-DISCOVERY RULES. William R. Denny Potter Anderson & Corroon LLP September 26, 2006 INTERNET ISSUES: PROTECTING TRADE SECRETS NEW E-DISCOVERY RULES William R. Denny Potter Anderson & Corroon LLP September 26, 2006 Agenda What is a Trade Secret? Tracking Down the Anonymous Blogger Strategies

More information

Electronic Discovery. Answers to life s enduring questions

Electronic Discovery. Answers to life s enduring questions Electronic Discovery Answers to life s enduring questions 1 Electronic Discovery 1. Requirements: What do courts expect? 2. Potential consequences of missteps? Sanctions and unnecessary expense 3. Solutions:

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

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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Finjan, Inc. v. Symantec Corp. Doc. 1 1 PAUL ANDRE (State Bar No. 1) pandre@kramerlevin.com LISA KOBIALKA (State Bar No. 0) lkobialka@kramerlevin.com JAMES HANNAH (State Bar No. ) jhannah@kramerlevin.com

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

How E-Discovery Will Affect Your Life as a Storage Professional. David Stevens, Carnegie Mellon University

How E-Discovery Will Affect Your Life as a Storage Professional. David Stevens, Carnegie Mellon University How E-Discovery Will Affect Your Life as a Storage Professional David Stevens, Carnegie Mellon University SNIA Legal Notice The material contained in this tutorial is copyrighted by the SNIA. Member companies

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

Suggested Protocol for Discovery of Electronically Stored Information ( ESI )

Suggested Protocol for Discovery of Electronically Stored Information ( ESI ) Suggested Protocol for Discovery of Electronically Stored Information ( ESI ) In light of the recent amendments to the Federal Rules of Civil Procedure regarding discovery of electronically stored information

More information

COMING: NEW FEDERAL RULES ON E-DISCOVERY

COMING: NEW FEDERAL RULES ON E-DISCOVERY COMING: NEW FEDERAL RULES ON E-DISCOVERY By: M. Sean Fosmire Garan Lucow Miller, P.C. Executive Summary Now that e-filing is up and running, the federal courts have moved on to e-discovery and have adopted

More 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

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

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

Understanding ediscovery and Electronically Stored Information (ESI)

Understanding ediscovery and Electronically Stored Information (ESI) Copyright The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination

More information

Electronic Discovery: Lessons from Zubulake

Electronic Discovery: Lessons from Zubulake Electronic Discovery: Lessons from Zubulake Bruce J. Douglas Daniel J. Ballintine Presented November 29, 2006 to Larkin Hoffman Daly & Lindgren Ltd. 1 Introduction What is a Zubulake, anyway, and how do

More information

Case3:11-cv-00167-SI Document62-14 Filed02/04/11 Page1 of 6 EXHIBITM. To THE DECLARATION OF HOLLY GAUDREAU IN SUPPORT OF MOTION FOR EXPEDITED

Case3:11-cv-00167-SI Document62-14 Filed02/04/11 Page1 of 6 EXHIBITM. To THE DECLARATION OF HOLLY GAUDREAU IN SUPPORT OF MOTION FOR EXPEDITED Case3:11-cv-00167-SI Document62-14 Filed02/04/11 Page1 of 6 EXHIBITM To THE DECLARATION OF HOLLY GAUDREAU IN SUPPORT OF MOTION FOR EXPEDITED DISCOVERY Case3:11-cv-00167-SI Document62-14 Filed02/04/11 Page2

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

MCGRAW MORRIS P.C. Presented By: Stacy J. Belisle

MCGRAW MORRIS P.C. Presented By: Stacy J. Belisle MCGRAW MORRIS P.C. Presented By: Stacy J. Belisle MICHIGAN COURT RULEREGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION ( ESI ) - MCR 2.302(B)(5) AND (6) Electronically Stored Information. A party

More information