Archive: October 2004

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Socha Consulting LLC
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U.S. Courts Website
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Electronic Discovery for Corporate Counsel
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Public Comment Period Begins for Federal Civil Rules Proposals
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Advisory Committee Recommends New Rules for Electronic Discovery
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Glasser LegalWorks 8th Annual Electronic Discovery & Records Retention Conference
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Defense Research Institute’s E-Discovery Committee
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In Spitzer’s office, hours of drudgery, moments of ‘gotcha!’
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California Civil Discovery Law
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The Legal & Strategic Guide to E-Discovery

Socha Consulting LLC

As an e-discovery special master and expert witness, George Socha tracks e-discovery happenings, articles, and books and provides technology vendor information through his website, sochaconsulting.com. George is also a researcher and frequent speaker on the subject of electronic discovery.

Electronic Discovery for Corporate Counsel

November 19, 2004, San Francisco
December 17, 2004, New York City

This bi-coastal program, developed through a joint effort between Preston Gates, Microsoft��and the Practising Law Institute (PLI,) is designed specifically for in-house counsel and other attorneys involved in advising organizations on electronic discovery and document retention issues. Backup tapes, evolving case law, computer forensics, and ethics rules in email are just a portion of the subjects to be covered by a daylong series of speakers and interactive panels.

Key focus areas include:

  • Formulating retention/destruction policies and implementing the duty to preserve
  • New discovery frontiers: instant messaging and voicemail
  • Computer forensics: When you need it; when you don’t
  • Update on newly revised E-Discovery court rules
  • Creating defensible privilege claims
  • Ethics: Resolving conflicts related to email

Public Comment Period Begins for Federal Civil Rules Proposals

On August 10, 2004, the Standing Committee on Rules of Practice and Procedure approved for publication and public comment several proposed amendments to the Federal Civil Rules that specifically address electronic discovery.

The public now has until February 15, 2005 to comment to the Secretary to the Standing Committee regarding the proposed amendments. In addition, public hearings will be held at various dates prior to the February 15 deadline, allowing comments to be given via public testimony. The earliest the proposed rules may go into effect is December 1, 2006. For more information on the amendment process and the public comment period, please click here.

Advisory Committee Recommends New Rules for Electronic Discovery

In April 2004, the U.S. Judicial Conference Advisory Committee on Civil Rules submitted to the Standing Committee on Rules of Practice and Procedure several proposed amendments to the Federal Civil Rules specifically addressing the unique challenges of electronic discovery, recommending that the Standing Committee publish these proposals for comment in August 2004. The proposed rules mark the culmination of several years of work by the Advisory Committee and its Discovery Subcommittee examining the issue of whether and how the civil rules should be amended to specifically address electronic discovery issues.

Glasser LegalWorks 8th Annual Electronic Discovery & Records Retention Conference

December 9-10, 2004
Hyatt Regency San Francisco
San Francisco, California

Preston’s Martha Dawson will be participating as a panelist. The conference will focus on a number of key electronic discovery issues, including:

  • Spoliation
  • Disclosure and discovery of digital evidence
  • Finding and collecting electronic information
  • Effective records management
  • Selecting an e-discovery vendor
  • Updates on e-discovery law

For more information on the conference, click here.

In Spitzer’s office, hours of drudgery, moments of ‘gotcha!’

By KATE KELLY
The Wall Street Journal
October 27, 2004, 10:09 AM EDT

One of New York Attorney General Eliot Spitzer’s investigators was perusing a stack of subpoenaed documents in a Manhattan office last month when he let out a yelp, slammed down his coffee and sprinted down the corridor.

The find, people in the office recall: a Marsh & McLennan Cos. employee’s e-mail soliciting a fake bid from an insurance company to help Marsh steer business to a favored provider.

The sleuth: Craig Winters, a 27-year-old intern. Read More

California Civil Discovery Law

Commissioner Richard E. Best, retired from the San Francisco Superior Court in 2003 after 29 years of service, and continues to promote the use of technology in discovery, as well as serve as a private discovery referee. His website, California Civil Discovery Law, is a repository of continuing education materials, discovery resources, case law and e-discovery updates.

The Legal & Strategic Guide to E-Discovery

Best Practices for Corporate Counsel
Park Central Hotel, New York City
November 10-12, 2004

Key themes: Minimizing costs associated with e-discovery, best practices for managing and preserving electronic information, developing effective litigation response strategies, tips and traps for records management and litigation strategy. Presented by Marcus Evans.

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