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Electronic Discovery Law Blog Legal issues, news, and best practices relating to the discovery of electronically stored information.

Monthly Archives: August 2005

2005 Socha-Gelbmann Electronic Discovery Survey


The 2005 Socha-Gelbmann Electronic Discovery Survey Report has been released. The 2005 Survey examines the state of electronic discovery in 2004, through direct interviews and an online surveys of 69 consumers and providers of electronic discovery services, as well as website data from more than 200 organizations in the electronic discovery niche. It also compares… Continue Reading

Beverly Enterprises Required to Post $20 Million Bond for Failure to Produce Documents

Posted in NEWS & UPDATES

On August 9, the Arkansas Democrat Gazette reported that Beverly Enterprises was ordered by the Arkansas Supreme Court to comply with Judge Phillips’ ruling and post a $20 million bond for failure to produce documents. Judge Phillips reportedly ordered the bond after “becoming frustrated in obtaining documents in a nursing home care case.” He had… Continue Reading

Automatic Purging of 21-day-old Email Risky But Defensible; Failure to Preserve Following Notice of Potential Litigation Results in Sanctions


Broccoli, et al. v. Echostar Communications Corp., et al., 229 F.R.D. 506 (D.Md. 2005) Dino Broccoli (“Broccoli”) sued Echostar Communications Corp. and Dish Network Corp. (collectively referred to as “Echostar”) and Stacie Andersen (“Andersen”) in connection with employment discrimination. He claims that Andersen, a human resources manager at Echostar, created a hostile work environment via… Continue Reading

Motion to Order Third Party Production of Email Denied Absent Meet and Confer


Bullis v. Nichols, 2005 WL 1838634 (W.D.Wash. Aug. 1, 2005) Alana K. Bullis (“Bullis”) filed a claim which apparently alleges that City of Dupont (“City”) public officials are willing to “chill” her speech via an email campaign. In connection with this claim, Bullis sought email from the City via a subpoena duces tecum, which was… Continue Reading

The Billion-Dollar Data Storage Error

Posted in NEWS & UPDATES

Maybe Morgan Stanley was careless, or maybe it was unlucky. But if you think your organization is prepared to face a lawsuit, you may want to think again. Click here to read the full story from the July issue of Computerworld.

Rules & Procedures: Extreme Makeover


Law Technology News, EDD Showcase, August 2005 By Helen Bergman Moure On June 16, 2005, discovery practice took a huge step forward when the Standing Committee on Rules of Practice and Procedure approved a set of proposed amendments relating to electronic discovery. The proposed rules and their accompanying “Notes” now face three remaining hurdles: Judicial… Continue Reading