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

Category Archives: NEWS & UPDATES

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The 2014 ABA Journal Blawg 100: Vote for Your Favorites Now!

Posted in NEWS & UPDATES

The ABA Journal’s Annual Blawg 100 list was released yesterday and we are pleased to report that the Electronic Discovery Law blog was nominated in the Legal Tech category!  The public is now invited to weigh in on the nominees by voting for their favorite in each category.  To vote, click on the “Vote for… Continue Reading

Another Milestone Passes: Judicial Conference Approves Federal Civil Rules Amendments

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

As reported by the National Law Journal (subscription required), the Judicial Conference has approved proposed changes to the Federal Rules of Civil Procedure.  No revisions to the proposals were reported.  The proposals will now go before the United States Supreme Court for review and, if approved, will take effect on December 1, 2015, absent any… Continue Reading

Looking back on Zubulake, 10 years later

Posted in NEWS & UPDATES

By Victor Li This article was originally published in the ABA Journal, September, 2014. When Laura Zubulake first brought her employment discrimination lawsuit to attorney James Batson in 2001, neither of them thought the case would make history. Neither did U.S. District Judge Shira Scheindlin, who presided over the case in the Southern District of… Continue Reading

Committee on Rules of Practice and Procedure (“Standing Committee”) Approves Proposed Amendments to Federal Rules of Civil Procedure

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

Last week, the Committee on Rules of Practice and Procedure (the “Standing Committee”) approved proposed amendments to the Federal Rules of Civil Procedure, including the “Duke Rules Package,” addressing Rules 1, 4, 16, 26, 30, 31, 33, and 34 and a rewritten version of Rule 37(e), addressing preservation.  The proposed amendments were approved with only… Continue Reading

Proposed Rule 37(e) Draft Committee Note Now Available

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

As previously discussed on this blog, proposed amendments to the Federal Rules of Civil Procedure were recently approved by the Advisory Committee on Civil Rules for submission to the Committee on Rules of Practice and Procedure (the “Standing Committee”).  At the time of approval, the Committee Note for Proposed Rule 37(e) remained “under construction.”  The… Continue Reading

State Bar of California Issues Interim Opinion on Attorneys’ Ethical Duties in the “Handling of Discovery of [ESI]” – Public Comment Invited

Posted in NEWS & UPDATES

The State Bar of California Standing Committee on Professional Responsibility and Conduct has issued Formal Opinion Interim No. 11-0004 (ESI and Discovery Requests) for public comment.  By analyzing a hypothetical fact pattern, the interim opinion addresses the following question: “What are an attorney’s ethical duties in the handling of discovery of electronically stored information?” Public… Continue Reading

Advisory Committee Approves Proposed Amendments to Civil Rules, Next Stop Standing Committee!

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES, RESOURCES

As was reported on this blog just last week, the Advisory Committee on Civil Rules met on April 10th and 11th to review proposed amendments to the Rules of Civil Procedure, including recommended changes to those proposed amendments as published for public comment.  On the first day of meetings, the Advisory Committee unanimously approved proposed… Continue Reading

Preservation Costs Survey: The Results are In!

Posted in NEWS & UPDATES

Professor William H.J. Hubbard from the University of Chicago Law School recently concluded his Preservation Costs Survey and the results are now available.  The survey “is the first, and to date only, systematic effort to measure the extent and costs of preservation activity across a broad sample of companies,” and collected data from 128 companies,… Continue Reading

In Case You Missed It: ABA Working Group Publishes “Best Practices Report on Electronic Discovery (ESI) Issues in Bankruptcy Cases”

Posted in NEWS & UPDATES, RESOURCES

The ABA Electronic Discovery (ESI) in Bankruptcy Working Group has published the final draft of its “Best Practices Report on Electronic Discovery (ESI) Issues in Bankruptcy Cases” which “provides the framework for consideration of ESI issues in bankruptcy cases.”  According to Richard Wasserman, Chairman of the ABA Electronic Discovery in Bankruptcy Working Group, the Report… Continue Reading

Speak Now or Forever Hold Your Peace: Comment Period on Proposed Amendments to Federal Rules Closes February 15, 2014

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES, RESOURCES

As was previously reported on this blog, proposed amendments to Federal Rules of Civil Procedure 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84, and the Appendix of Forms were published for public comment on August 15, 2013.  Since that time, nearly 700 written comments have been submitted for consideration by… Continue Reading

Martha Dawson Named One of Top 250 Women in Intellectual Property

Posted in NEWS & UPDATES

Managing Intellectual Property – IP Stars has recognized K&L Gates attorneys Martha Dawson, Susan Hollander, Susan Jackson, Pallavi Wahi, Christine Vito, and Rachal Winger in its inaugural edition of “Top 250 Women in IP 2013.” The nominees were chosen based upon the rankings of the 2013 edition of IP Stars, researched between June 2012 and… Continue Reading

Da Silva Moore: Plaintiffs’ Petition for Writ of Certiorari on Question of Recusal Denied

Posted in NEWS & UPDATES

On October 7, 2013, the Supreme Court of the United States denied Plaintiffs’ Petition for Writ of Certiorari arising from Magistrate Judge Andrew Peck’s refusal to recuse himself in this case.  As was previously reported on this blog, Plaintiffs sought an answer to the question: “Should a court of appeals review a judge’s denial of… Continue Reading

E.D. Michigan Approves Model Order Relating to the Discovery of Electronically Stored Information & a Meet and Confer Checklist for Pilot Use

Posted in CASE SUMMARIES, NEWS & UPDATES

The judges of the United States District Court for the Eastern District of Michigan have announced the approval, “on a pilot period basis,” of a Model Order Relating to the Discovery of Electronically Stored Information and a Rule 26(f) meet and confer checklist.  “It is within the judicial officer’s discretion whether these materials may be… Continue Reading

Proposed Amendments to Civil (and Bankruptcy) Rules Posted for Public Comment

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

The Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure is now published online for public comment. The proposed amendments to the civil rules would affect rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84 and the Appendix of Forms. Many of the proposed amendments are quite significant, particularly with regard to discovery, and our readers are therefore encouraged to review them carefully and share their thoughts with the Advisory Committee.

E-discovery’s Trailblazers

Posted in NEWS & UPDATES

Eleven people —lawyers and nonlawyers — who helped create the industry. Published by: The American Lawyer, July 29, 2013 Clearly it took a village to define and create today’s electronic discovery industry.  Ever since the sector’s early days, marked by the litigation following the Exxon Valdez oil spill in 1989, a series of lawyers, consultants, archivists,… Continue Reading

U.S. International Trade Commission Adopts e-Discovery Rules

Posted in NEWS & UPDATES

The U.S. International Trade Commission has adopted “final rules related to its e-discovery practices.”  “The new rules will be effective 30 days after publication in the Federal Register and are applicable to investigations instituted 30 days after publication in the Federal Register”—a Federal Register notice was issued on May 15, 2013. The newly adopted rules… Continue Reading

Da Silva Moore: Second Circuit Denies Petition for Writ of Mandamus Compelling Recusal of Magistrate Judge Peck

Posted in CASE SUMMARIES, NEWS & UPDATES

In what is possibly the final chapter to last year’s Da Silva Moore predictive coding saga, the Second Circuit has denied Plaintiffs’ petition for a writ of mandamus compelling the recusal of Magistrate Judge Andrew Peck.  For those unfamiliar with the issues in this case, copies of the underlying decisions from both Magistrate Judge Peck… Continue Reading

Western District of Washington Amends Local Rules

Posted in NEWS & UPDATES

On December 1, 2012, newly amended rules went into effect in the Western District of Washington, including rules addressing electronic discovery.  Notably, the new rules now require that parties contemplating discovery of electronically stored information consider adopting the newly promulgated Model Agreement Regarding Discovery of Electronically Stored Information in Civil Litigation—a fairly comprehensive order addressing… Continue Reading

Delaware Court of Chancery Amends Rules, Discovery Guidelines

Posted in NEWS & UPDATES

Effective January 1, 2013, the Delaware Court of Chancery has amended its rules “to account for modern discovery demands” and has “expanded its Guidelines for Practitioners,” originally released in January 2012.  The Court’s press release summarizes the changes: The Court of Chancery will amend its Rules regarding discovery, effective January 1, 2013.  Rules 26, 30,… Continue Reading

New Illinois Rules Address Inadvertent Disclosure

Posted in NEWS & UPDATES

On November 28, 2012, the Supreme Court of Illinois entered an order adopting new Rule of Evidence 502 Attorney Client Privilege and Work Product; Limitations on Waiver and a second order amending Rule 201 General Discovery Provisions.  The newly adopted rules address the inadvertent disclosure of privileged information and closely follow the Federal Rules addressing… Continue Reading