Electronically Stored Information

Size: px
Start display at page:

Download "Electronically Stored Information"

Transcription

1 Electronically Stored Information The Complete Guide to Management, Understanding, Acquisition, Storage, Search, and Retrieval David Robert Matthews DRFS, CSFA fc Croup, business feook

2 Foreword Preface Acknowledgments The Author xv xvii xix xxi Chapter 1 What Is Electronic Information, and Why Should You Care? Introduction Electronically Stored Information (ESI) and the Federal Rules of Civil Procedure Changes to the Federal Rules of Civil Procedure 3 Rule 16 (b)(5) and (6) Pretrial Conferences; Scheduling Management Rule 26 General Provisions Governing Discovery; Duty of Disclosure Rule 37 Safe Harbor Rule 34 (b) Producing... 13

3 vi Contents Rule 33 (d) Interrogatories to Parties Rule 45 Subpoena Form Federal Rules of Evidence FRE FRE Case Law Examples Bass v. Miss Porter's School (D. Conn. Relevancy Crispin v. Christian Audi0er, Inc. (CD. Information Romano v. Steelcase (NY. Sup. Q. 2010) Another Social Media Privacy Case Spoliation Examples Inc. v. Vanaire, Inc. (W. D. Ky. to Reasonably Expect Litigation Olson v. Sax (E. D. Wis. Harbor Rule Spieker v. Quest Cherokee, LLC (D. Kan. Is the Practice 27

4 Electric Sys., Inc. v. Cleveland Die and Mfg. Co. (E.D. Mich. of Evidence as Requested in Meet and Confer Takeda Pharm. Co., Ltd. v. Teva Pharm. USA, Inc. (D. Del. Reasonably Accessible? O'Neill v. the City of Shoreline (Wash. Are Data and Home Computers Are Williams v. District of Columbia "Claw-Back" Rules Can You Pacific Coast Steel, Inc. v. Leany (D. Nev. Privilege Kipperman v. Onex Corp. (N.D. GA. Textbook Case Pippins v. LLP (S.D.NY. Much Data Do You Really Have to Keep Chen v. Dougherty (W.D. WA. 7/7/09) Attorney Gets a Slap for Incompetence 33

5 United Central Bank v. Fashions, Inc. (N.D. 9/21/11) Spoliation Sanctions That Hurt the Party but Not Their Attorney Pension of Univ. of Montreal Pension Plan v. Bank of Am. LLC (S.D.N.Y 1/15/10) Holmes v. Petrovich Development Company, LLC (CA Court of Appeals, October, Sent from Work Not Privileged Lester v. Allied Concrete Company (Circuit Court VA, September, 2011) Original Award Reduced Due to Withholding of Facebook Evidence The Rulings of Judge Pension, and National Day Labor Other Federal Rules That Affect Electronic Data The Problems with ESI as Discoverable Evidence 45 Why and How This Affects the Practice of Law How This Affects Business Organizations Effects on Government Entities What This Might Mean to You as an 57

6 ix Chapter 2 Translating Geek: Information Technology versus Everyone Else Introduction The Role of Information Technology 62 The Information Technologist's Perspective Information Technology as an Ally Translating Geek 77 Chapter 3 Where is Electronically Stored Information? It's Everywhere! Introduction The Basics Database Systems Systems File and Print Servers Messaging Services Mobile Devices Physical Access Records Telecommunications Cellular Devices Video Internet or Online Data Storage Media Desktop Computer Facts Metadata and Other Nonapparent Data Conclusion 167 Chapter 4 Who's in Charge Here? Allies, Owners, and Stakeholders The (Long) List of Stakeholders Information Technology Professionals Legal Staff Records Managers 174

7 x Contents Auditors Department Heads, Vice Presidents, and Executives Physical and Information Security Personnel Ownership of Data Data Control Considerations Required Skill Sets and Tools 185 Chapter 5 The Hunt: Recovery and Acquisition Introduction Where Oh Where Has My Data Gone? Applications as a Vital User Interface Hidden or Restricted Access Data Encrypted Data Deleted or Corrupted Data Proprietary Data or Data Stored on Obsolete Media Privileged, Sensitive, and Inaccessible Data Management Proving Ownership and Integrity Marking Time Is Recorded and Ensuring Integrity Legal and Sound Acquisition 233 Chapter 6 Keeping Your Treasures: Preservation and Management Introduction Securing the Data Access Control and Management Organization and Management Techniques Organization 252

8 xi Management of Data over Response to Litigation or Audits 258 Safe Storage Issues and Considerations Litigation Hold 267 Loss of Relevant Data Automated Technical Solutions 272 Chapter 7 Sharing Is Good: Dissemination and Reporting Introduction Format or Usable? Mediums for Transfer Creating Readable Reports Tips for Depositions and Expert Witness Conclusion 290 Glossary 293 Appendix Links and References for More Information 329 Appendix B: Forms and Guides 335 Appendix C: Links to Technical Software Solutions Index 357

Predictability in E-Discovery

Predictability in E-Discovery 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

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 [email protected] All patent infringement litigation in the U.S. takes place in federal courts. Cases

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

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

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

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

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

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. [email protected] Scott Polus, Director of Forensic Services [email protected] 1 Where Do I Start??

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

E-DISCOVERY IN CANADA

E-DISCOVERY IN CANADA 0 E-DISCOVERY IN CANADA Todd J. Burke Kelly Friedman Andrew J. McCreary James Morton Susan Nickle Vincenzo Rondinelli Glenn Smith James Swanson Susan Wortzman Foreword by The Honourable Colin L. Campbell

More 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 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

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

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

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

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 [email protected] [email protected] What is ESI? Electronically Stored Information The downside Discovery Discovery generally

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

Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES

Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES by Sharon D. Nelson, Bruce A. Olson and John W. Simek American Bar Association 2006 745 pp. Reviewed by William

More information

Electronic Discovery Rules & Social Media

Electronic Discovery Rules & Social Media Electronic Discovery Rules & Social Media What is ESI? ESI is any information stored in electronic form All ESI is discoverable if relevant and reasonably accessible Privileges and other exceptions to

More information

E-Discovery Best Practices

E-Discovery Best Practices José Ramón González-Magaz [email protected] 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

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

CORPORATE RECORD RETENTION IN AN ELECTRONIC AGE (Outline)

CORPORATE RECORD RETENTION IN AN ELECTRONIC AGE (Outline) CORPORATE RECORD RETENTION IN AN ELECTRONIC AGE (Outline) David J. Chavolla, Esq. and Gary L. Kemp, Esq. Casner & Edwards, LLP 303 Congress Street Boston, MA 02210 A. Document and Record Retention Preservation

More information

NLRB: NxGen Case Management, E-Government and E-Discovery

NLRB: NxGen Case Management, E-Government and E-Discovery NLRB: NxGen Case Management, By: James G. Paulsen, Assistant General Counsel, OGC and Bryan Burnett, Chief Information Officer, OCIO, National Labor Relations Board A. Next Generation (NxGen) Case Management

More 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

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

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Edward C. Rickstang (SBN RICHMOND & FIELDS LLP S. Rawlston Avenue Suite 0 Altford, CA 01 Tel: ( 0- Fax: ( 0- Attorneys for Plaintiff HEALTHBILL SYSTEMS, LLC UNITED STATES DISTRICT COURT CENTRAL DISTRICT

More information

Metadata, Electronic File Management and File Destruction

Metadata, Electronic File Management and File Destruction Metadata, Electronic File Management and File Destruction By David Outerbridge, Torys LLP A. Metadata What is Metadata? Metadata is usually defined as data about data. It is a level of extra information

More 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

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

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

Current Trends in Litigation Involving the Use of Social Media

Current Trends in Litigation Involving the Use of Social Media Current Trends in Litigation Involving the Use of Social Media John B. Kearney Partner and Head, New Jersey Litigation Group Ballard Spahr LLP 1 Introduction Social media now affect all phases of litigation

More 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

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

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

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

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

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

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

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

Discovery of Social Media: The Seventh Circuit E-Discovery Pilot Program. Ronald L. Lipinski, Seyfarth Shaw LLP Jay C. Carle, Seyfarth Shaw LLP

Discovery of Social Media: The Seventh Circuit E-Discovery Pilot Program. Ronald L. Lipinski, Seyfarth Shaw LLP Jay C. Carle, Seyfarth Shaw LLP Discovery of Social Media: The Seventh Circuit E-Discovery Pilot Program Ronald L. Lipinski, Seyfarth Shaw LLP Jay C. Carle, Seyfarth Shaw LLP 04/05/2013 Before we get started I. Intro a) Definition &

More information

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

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

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

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

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

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds BOOK RELEASE FOR IMMEDIATE RELEASE Media Contact: Michael Arkfeld Law Partner Publishing, LLC Ph: 602.993.1937 May, 3, 2010 Email: [email protected] Arkfeld on Electronic Discovery and Evidence:

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

THE DUTY TO PRESERVE, COLLECT, AND PRODUCE ELECTRONICALLY STORED INFORMATION HELD BY THIRD PARTIES

THE DUTY TO PRESERVE, COLLECT, AND PRODUCE ELECTRONICALLY STORED INFORMATION HELD BY THIRD PARTIES ESI Discovery THE DUTY TO PRESERVE, COLLECT, AND PRODUCE ELECTRONICALLY STORED INFORMATION HELD BY THIRD PARTIES Ronald C. Wernette, Bowman and Brooke LLP Introduction The legal landscape is now littered

More information

PRETRIAL LITIGATION IN A NUTSHELL. R. LAWRENCE DESSEM Professor of Law University of Tennessee ST. PAUL, MINN. WEST PUBLISHING CO.

PRETRIAL LITIGATION IN A NUTSHELL. R. LAWRENCE DESSEM Professor of Law University of Tennessee ST. PAUL, MINN. WEST PUBLISHING CO. PRETRIAL LITIGATION IN A NUTSHELL By R. LAWRENCE DESSEM Professor of Law University of Tennessee ST. PAUL, MINN. WEST PUBLISHING CO. 1992 PREFACE AND ACKNOWLEDGMENTS.. TABLE OF CASES TABLE OF STATUTES

More information

APPENDIX 4. A. State Courts. Alaska Superior Court. Alabama Court of Criminal Appeals Alabama Circuit Court. Arizona Superior Court

APPENDIX 4. A. State Courts. Alaska Superior Court. Alabama Court of Criminal Appeals Alabama Circuit Court. Arizona Superior Court APPENDIX 4 COURT ABBREVIATIONS This appendix contains abbreviations for federal courts. Abbreviations for state courts can be developed by consulting Appendix 1 and Rule 2 concerning abbreviations and

More 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

Best Practices Page 1

Best Practices Page 1 BEST PRACTICES FOR ELECTRONIC DISCOVERY IN CRIMINAL CASES Western District of Washington Adopted March 21, 2013 These best practices reflect recommendations adopted in February 2012 by the Department of

More information

STEVEN J. HATFILL, Plaintiff, v. THE NEW YORK TIMES COMPANY, Defendant. CIVIL ACTION NO. 1:04cv807 (CMH/LO)

STEVEN J. HATFILL, Plaintiff, v. THE NEW YORK TIMES COMPANY, Defendant. CIVIL ACTION NO. 1:04cv807 (CMH/LO) STEVEN J. HATFILL, Plaintiff, v. THE NEW YORK TIMES COMPANY, Defendant. CIVIL ACTION NO. 1:04cv807 (CMH/LO) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION 242 F.R.D.

More 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

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 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

Email Archiving: Common Myths and Misconceptions

Email Archiving: Common Myths and Misconceptions White Paper MessageOne, Inc. 11044 Research Blvd. Building C, Fifth Floor Austin, TX 78759 Toll-Free: 888.367.0777 Telephone: 512.652.4500 Fax: 512.652.4504 www.messageone.com Introduction From the executive

More 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 [email protected]

More information

Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence

Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence By John Patzakis 1 Summary: Social

More information

THE CORPORATE COUNSELOR

THE CORPORATE COUNSELOR THE CORPORATE COUNSELOR NOVEMBER 2013 Third-Party Litigation Investing and Attorney-Client Privilege By David A. Prange Civil litigation is potentially expensive, and achieving lucrative outcomes is not

More 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

Future Proof Your ediscovery Practices

Future Proof Your ediscovery Practices FEBRUARY 3 5, 2015 / THE HILTON NEW YORK Future Proof Your ediscovery Practices Plenary Session February 4, 2015 Patrick Collins, Partner, Perkins Coie Bruce Hartley, Vice President, Celerity Consulting

More information

LexisNexis UK. Minority Shareholders: Law, Practice and Procedure

LexisNexis UK. Minority Shareholders: Law, Practice and Procedure Minority Shareholders: Law, Practice and Procedure Second editìon By Vìctorjoffe QC, LLB, MA (Cantab) of thè Middle Temple, Barrister of Serie Court, Lincoln's Inn Attorney, New York State Bar Barrister

More 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

2 California Evidence (5th), Discovery

2 California Evidence (5th), Discovery 2 California Evidence (5th), Discovery I. GENERAL PRINCIPLES A. [ 1] Purpose of Discovery. B. [ 2] Modern Discovery Procedures. C. [ 3] Relation to Pretrial Conference. D. Overview of California Discovery

More 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

Attorney-Client Privilege & Electronic Discovery: Challenges Created by In-House Communications, Best Practices, and Litigation Alternatives

Attorney-Client Privilege & Electronic Discovery: Challenges Created by In-House Communications, Best Practices, and Litigation Alternatives Attorney-Client Privilege & Electronic Discovery: Challenges Created by In-House Communications, Best Practices, and Litigation Alternatives Kate G. Maynard and Heyward H. Bouknight Privilege Review Process

More information