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

Monthly Archives: October 2007

Creating a Strong Foundation for Your Company’s Records Management Practices

Posted in NEWS & UPDATES

K&L Gates partner Thomas J. Smith and William B. Dodero, Senior Counsel at Bayer HealthCare LLC in Wayne, New Jersey, have co-authored an article appearing in the November 2007 issue of the ACC Docket, entitled:  “Creating a Strong Foundation for Your Company’s Records Management Practices.”  The article provides valuable guidance on the proactive steps companies… Continue Reading

Judicial Conference Submits Proposed New Evidence Rule 502 to Congress for Enactment


On September 27, 2007, the Judicial Conference of the United States submitted proposed new Evidence Rule 502 to Congress through identical letters to the Committee on the Judiciary of the United States Senate and the Committee on the Judiciary of the United States House of Representatives.  The letters provide a description of the process that led… Continue Reading

U.S. District Court for the District of Vermont Amends Local Rules to Address E-Discovery

Posted in NEWS & UPDATES

Effective September 1, 2007, the United States District Court for the District of Vermont amended its Local Rules to address the discovery of electronically stored information (“ESI”).  Section (b) of Local Rule 26.1 now requires, where appropriate, the inclusion of deadlines for the disclosure of ESI, and affords an additional 15 days time in which… Continue Reading

Finding Burden of Retention and Production Outweighs Benefit, Court Allows Recycling of Back Up Tapes


Gulfstream Worldwide Realty, Inc. v. Phillips Elecs. N. Am. Corp., 2007 WL 5685128 (D.N.M. Oct. 19, 2007) In this case, arising out of a claim for a commission on the sale of a semiconductors plant, Phillips Electronics North America (“PENAC”) moved the court for a protective order to allow NXP Semiconductors USA, Inc., a non… Continue Reading

Litigation Hold Notices Protected by Attorney-Client Privilege and Work Product Doctrine


In re eBay Seller Antitrust Litig., 2007 WL 2852364 (N.D. Cal. Oct. 2, 2007) Plaintiffs moved for an interim preservation order because, in their view, defendant eBay had failed to disclose sufficient information regarding the efforts it was making to ensure that relevant ESI was preserved and collected.  Although the parties agreed that eBay would… Continue Reading

K&L Gates Lawyer Quoted in Paralegal Management Magazine

Posted in NEWS & UPDATES

In an article titled "The New Electronic Discovery Rules" in the July/August 2007 issue, K&L Gates lawyer Tom Smith spoke up on the need for proactive preservation and disclosure of electronically stored information. "Lawyers cannot ‘punt’ the due diligence of searching for and identifying sources of relevant electronically stored information to their clients; nor can in-house… Continue Reading