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

Monthly Archives: February 2012

Magistrate Judge Peck Issues Written Opinion Addressing Computer-Assisted Review

Posted in CASE SUMMARIES

Da Silva Moore v. Publicis Groupe & MSL Group, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012) Magistrate Judge Andrew Peck issued an opinion on Friday, February 24, 2012, approving of the use of computer-assisted review of electronically stored information (“ESI”) by the parties in this case.  The opinion, which discusses both the… Continue Reading

Government’s “Recommendations for ESI Discovery in Federal Criminal Cases” Revealed

Posted in NEWS & UPDATES

This month, the Joint Electronic Technology Working Group (JETWG) revealed its “Recommendations for ESI Discovery in Federal Criminal Cases,” which are intended “to promote the efficient and cost-effective post-indictment production of electronically stored information (ESI) in discovery between the Government and defendants charged in federal criminal cases, and to reduce unnecessary conflict and litigation over ESI discovery by encouraging the parties to communicate about ESI discovery issues, by creating a predictable framework for ESI discovery, and by establishing methods for resolving ESI discovery disputes without the need for court intervention.”

“If you’re gonna just read one blog . . . it should probably be the Electronic Discovery Law blog . . . .”

Posted in NEWS & UPDATES

It was great to hear the Electronic Discovery Law blog receiving high praise in the most recent Digital Detectives podcast!  In particular, our thanks go out to Neil Squillante, publisher of LitigationWorld, who was the guest of Sharon D. Nelson and John W. Simek this month .  The podcast was called “The Best Resources for… Continue Reading

Predictive Coding Addressed in Detail at Hearing, Parties Ordered to Submit Draft Protocol

Posted in CASE SUMMARIES

Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (ALC) (S.D.N.Y. Feb. 8, 2012) On February 8, 2012, Magistrate Judge Andrew Peck conducted a hearing addressing several discovery issues which included a lengthy discussion of an appropriate protocol for predictive coding and resulted in an order for the parties to submit their draft protocols by February… Continue Reading

NY State Court adopts Zubulake Standard: Reasonable Anticipation of Litigation Triggers Duty to Preserve

Posted in CASE SUMMARIES

Voom Holdings LLC v. EchoStar Satellite LLC, —N.Y.S.2d—, 2012 WL 265833 (N.Y. App. Div. Jan. 31, 2012) In this case, the appellate court held that the lower court “properly invoked the standard for preservation set forth in Zubulake v. UBS Warburg LLC”, which requires that a party place a litigation hold once it “reasonably anticipates… Continue Reading

Must Parent and Attachment Files Be Kept Together?

Posted in NEWS & UPDATES

Thomas J. Smith and Matthew S. Collins, K&L Gates The Legal Intelligencer, February 9, 2012 The extraordinary cost of e-discovery is well documented.  The amount of ESI that we generate is exploding and the use and prevalence of technology, its ease of access, and the relatively low cost mean that trend will continue.  Clients are… Continue Reading

On Appeal, KPMG Ordered to Continue Preservation of more than 2500 Hard Drives

Posted in CASE SUMMARIES

Pippins v. KPMG LLP, —F.R.D.—, 2012 WL 370321 (S.D.N.Y. Feb. 3, 2012) In this opinion, the District Court found the Magistrate Judge’s order requiring defendant’s preservation of more than 2500 hard drives was not clearly erroneous or contrary to law.  Finding objections to the order moot, however, because plaintiffs’ motion for conditional certification of a… Continue Reading