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

Monthly Archives: November 2009

Upcoming Events – December

Posted in EVENTS

Pennsylvania Bar Institute – E-Discovery December 3, 2009 PBI Professional Development Conference Center Heinz 57 Center 339 Sixth Ave., 7th Floor Pittsburgh, PA K&L Gates partner David Cohen will present “The Year in Review,” a closer look at some of the most important and interesting opinions of 2009.  Cases to be discussed cover a myriad… Continue Reading

Federal Judicial Center Releases Preliminary Results of “Case-Based Civil Rules Survey”

Posted in NEWS & UPDATES

The Federal Judicial Center has released the preliminary results of its Case-Based Civil Rules Survey.  The survey, as described in the Executive Summary “presents preliminary findings form a survey of attorneys in recently closed civil cases…The report covers discovery activities and case management in the closed cases; electronic discovery activity in the closed cases; attorney… Continue Reading

Court Compels Discovery from Foreign Corporation Pursuant to Federal Rules of Civil Procedure

Posted in CASE SUMMARIES

In re Global Power Equip. Group, Inc., 418 B.R. 833 (Bankr. D. Del. 2009) Upon a motion to compel production of documents from claimant, a foreign corporation, the court found the documents at issue to be within the control of the claimant and, applying the “comity analysis” as articulated by the United States Supreme Court,… Continue Reading

Upcoming Event – IQPC’s 8th Annual Electronic Discovery Event

Posted in EVENTS

December 7-9, 2009 Altman Building New York, NY This electronic discovery conference gathers industry leaders together to explore the current risks, opportunities and current challenges facing e-Discovery.  Taking a strategic look at how best to manage Electronic Stored Information in a proactive, cost-effective and efficient manner, the goal of the event is to provide the… Continue Reading

Defendants and General Counsel Sanctioned for Failure to Preserve Evidence

Posted in CASE SUMMARIES

Swofford v. Eslinger, 671 F. Supp. 2d 1274 (M.D. Fla. 2009) In April 2006, plaintiff Swofford was shot seven times, on his own property, by two deputies in pursuit of two burglary suspects.  Plaintiffs brought suit against the sheriff in his official capacity and against the deputies individually.  In August 2006, plaintiffs’ counsel sent the first… Continue Reading

Attorney-Client Privilege in Work E-Mails

Posted in NEWS & UPDATES

By Anthony E. Davis New York Law Journal November 5, 2009 There are now several decisions determining whether employees can retain attorney-client privilege for e-mails sent to their lawyers using their employer-provided e-mail addresses and computers — reaching apparently inconsistent conclusions.  This article compares and seeks to reconcile the cases, and to assist lawyers in… Continue Reading

“Roadmap for Reform” Reports Provide Rules and Guidelines for Pilot Programs Aimed at Addressing Problems of Civil Justice System

Posted in NEWS & UPDATES

In two reports released yesterday, the Institute for the Advancement of the American Legal System at the University of Denver and the American College of Trial Lawyers, set forth rules and guidelines to be utilized by jurisdictions in the creation and implementation of pilot programs aimed at addressing the problems identified by the two groups… Continue Reading