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

Monthly Archives: June 2012

Western District of Washington Publishes Proposed Amendments to Local Civil Rules, Seeks Comment

Posted in NEWS & UPDATES

The Western District of Washington has published on its website proposed amendments to the Local Civil Rules, including the addition of language that specifically addresses the discovery of electronically stored information.  The court has also published a proposed Model Protocol for Discovery of Electronically Stored Information in Civil Litigation, which was “developed in partnership with… Continue Reading

Early Case Assessment: A Litigation Arrow in an Arbitration Quiver

Posted in NEWS & UPDATES

 In the latest edition of K&L Gates’ Arbitration World Julie Anne Halter, a Partner in K&L Gates’ e-Discovery Analysis and Technology Group (e-DAT), and William Zoellner, an e-DAT Staff Lawyer, discuss the value of Early Case Assessment in arbitration. From the Editors Welcome to the 19th edition of Arbitration World, a publication from K&L Gates’ Arbitration… Continue Reading

Seventh Circuit Electronic Discovery Pilot Program Issues Final Report on Phase Two

Posted in NEWS & UPDATES

Phase Two of the Seventh Circuit’s Electronic Discovery Pilot Program ended in May and the Final Report on that phase has now been issued.  According to that report, much was accomplished during Phase Two, including the creation of several subcommittees such as the Criminal Discovery Subcommittee, dedicated to developing “resources to educate criminal practitioners about… Continue Reading

Pennsylvania Amends Rules to Incorporate Discovery of Electronically Stored Information

Posted in NEWS & UPDATES

Last week, Pennsylvania became the most recent state to amend its civil rules to address the discovery of electronically stored information.  Unlike many other states, however, Pennsylvania’s Civil Procedural Rules Committee has made clear in its explanatory comment that despite the adoption of the term “electronically stored information,” “there is no intent to incorporate federal… Continue Reading

Failure to Discover Unintentional Production Despite Indications that “Something had Gone Profoundly Awry” Results in Waiver of Privilege


D’Onofrio v. Borough of Seaside Park, No. 09-6220 (AET), 2012 WL 1949854 (D.N.J. May 30, 2012)

Here, the court held that privilege was waived as to unintentionally produced, privileged documents where, despite the reasonableness of Defendants’ initial efforts to preclude production, subsequent warnings that something was “profoundly awry with their document production and privilege review” failed to result in Defendants’ discovery that privileged information had been produced.

“Essentially Non-existent Document Retention Policy” Renders Defendants an “Unreliable Source of Discovery;” Court Grants Sanctions for False Statements, Discovery Violations


Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., No. 8:10CV365, 2012 WL 1852048 (D. Neb. May 18, 2012)

In this case, the court addressed several motions, including plaintiff’s motion for sanctions. Upon analysis of the facts presented, the court determined that defendants made repeated misrepresentations to the court; failed to conduct an adequate search for responsive documents; and wrongfully discarded a relevant server, among other things. Accordingly, the court ordered monetary sanctions, including payment of the costs of a forensic examination, and recommended an adverse inference instruction at trial.