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

Tag Archives: NEWS & UPDATES

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

The Sedona Conference® Publishes Primer on Social Media (Public Comment Version)

Posted in NEWS & UPDATES, RESOURCES

This month, the Sedona Conference® published a public comment version of its latest paper, The Sedona Conference® Primer on Social Media.  The primer, a somewhat different publication than prior commentaries, is described in its Preface as follows: Unlike many of previous publications in this series, this is not entitled a “Commentary,” nor does it present… Continue Reading

New Jersey Addresses Discovery of ESI in Amendments to Rules Governing Criminal Practice and Rules Governing Practice in the Municipal Courts

Posted in NEWS & UPDATES

On December 4, 2012, the New Jersey Supreme Court adopted amendments to the New Jersey Rules Governing Criminal Practice and to the Rules Governing Practice in the Municipal Courts.  The amendments were initially recommended by the Supreme Court Special Committee on Discovery in Criminal and Quasi-Criminal Matters.  The amendments are effective on January 1, 2013…. Continue Reading

Northern District of California Adopts New E-Discovery Guidelines

Posted in NEWS & UPDATES

This week, the U.S. District Court for the Northern District of California announced "new Guidelines for counsel and litigants regarding the discovery of electronically stored information ("ESI")." According to the Court’s announcement: The Guidelines are designed to establish best practices for evidence preservation in the digital age and to ensure that local practices regarding the… Continue Reading

Cloud Considerations: E-Discovery

Posted in NEWS & UPDATES

By: Katie Taylor, K&L Gates SaaS, PaaS and data hosting providers stress the significant efficiencies to be gained from cloud computing when marketing their services.  Depending on the cloud computing system you are considering, however, a number of features may have a significant impact on your company’s ability to comply with electronic discovery obligations should it… Continue Reading

International Trade Commission Proposes to Amend Rules of Practice and Procedure

Posted in NEWS & UPDATES

As announced in today’s edition of the Federal Register, the International Trade Commission has proposed to amend its Rules of Practice and Procedure to address “concerns that have arisen about the scope of discovery in Commission proceedings under section 337 of the Tarrif Act of 1930 (19 U.S.C. 1337) (“section 337”).”  “The intended effect of… Continue Reading

Federal Trade Commission Issues Final Changes to Agency Procedure

Posted in NEWS & UPDATES

Yesterday, the Federal Trade Commission (“FTC”) announced that it has issued “final changes to agency procedure that will streamline the FTC’s investigatory process, make updates to keep pace with electronic evidence discovery, and provide more detail on how the agency evaluates allegations of misconduct by attorneys practicing before the Commission.”  Among the changes highlighted in… Continue Reading

Facing Fines for Contempt, Twitter Produces Defendant’s Tweets

Posted in NEWS & UPDATES

People v. Harris, No. 2011NY080152 (N.Y. Crim. Ct. 2012) As was previously discussed on this blog (here, here, and here), Twitter, Inc. was recently ordered by New York Judge Matthew Sciarrino to produce both “content” and “non-content” information (including the text of Tweets) associated with the account of criminal defendant Malcolm Harris.  Mr. Harris and others… Continue Reading

“Take it e-sy”

Posted in NEWS & UPDATES

K&L Gates partner Julie Anne Halter was featured on a Q&A panel of litigators discussing e-disclosure as a transformative tool in litigation.  Panelists were asked: With technology changing constantly, how can lawyers best use e-disclosure to help their clients through the litigation process?  Four experts debate some of the hot topics in this area. Read… Continue Reading

Supreme Court of Florida Adopts Amendments to Civil Rules to Address e-Discovery

Posted in NEWS & UPDATES

On July 5, 2012, the Supreme Court of Florida adopted amendments to the Florida Rules of Civil Procedure to address the discovery of electronically stored information.  The amendments will become effective September 1, 2012 at 12:02 a.m. The amendments will affect seven rules of civil procedure: “1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions… Continue Reading