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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

Southern District of New York Implements Pilot Program for Complex Cases, Requires Joint Electronic Discovery Submission for Cases Involving ESI

Posted in NEWS & UPDATES

The Southern District of New York has implemented a new Pilot Program for Complex Cases which became effective on November 1, 2011.  The program was implemented in “response to the federal bar’s concerns about the high costs of litigating complex civil cases,” and is “designed to improve judicial case management of these disputes and reduce… Continue Reading

Pennsylvania Supreme Court To Tweet Rulings

Posted in NEWS & UPDATES

The Administrative Office of Pennsylvania Courts issued a press release Tuesday announcing that the Supreme Court of Pennsylvania has established a Twitter feed to "increase online access to its rulings:"  The specially designated site will provide instant notification of the online posting of most Supreme Court information, such as orders, new rules, opinions and concurring and dissenting statements written… Continue Reading

E-Discovery Model Order Now Available for Patent Cases

Posted in NEWS & UPDATES

Please Note:  Since the date of the original post, the Model Order has been removed from the Federal Circuit’s website.  The following statement now appears on the web page of the Advisory Council for the United States Court of Appeals for the Federal Circuit: The Advisory Council published model orders concerning e-discovery and limitations on claims… Continue Reading

Now Available: The Sedona Conference® Cooperation Proclamation: Resources for the Judiciary (Public Comment Version)

Posted in NEWS & UPDATES, RESOURCES

Last month The Sedona Conference made available a public comment version of its newest publication, The Sedona Conference® Cooperation Proclamation: Resources for the Judiciary (“The Resources”).  The Resources “are intended to assemble and promote a variety of proven judicial management tools to help parties develop and execute appropriate, cost-effective, cooperative discovery plans; avoid unnecessary discovery… Continue Reading

Connecticut Amends Rules Addressing Electronic Discovery, Effective 2012

Posted in NEWS & UPDATES

On June 20, 2011, the judges of the Superior Court adopted revisions to the Connecticut Practice Book, including many amendments addressing electronic discovery.  Most amendments (including those addressing electronic discovery) will become effective on January 1, 2012.  Although Connecticut’s rules previously addressed the issue of electronic discovery, the newest amendments provide substantially more instruction.  Among the more… Continue Reading

Phase Two of Seventh Circuit Electronic Discovery Pilot Program Extended to May 2012

Posted in NEWS & UPDATES

The second phase of the Seventh Circuit’s Electronic Discovery Pilot Program, previously scheduled to end this month, has been extended to May 2012, according to the Interim Report on Phase Two.  According to the interim report, the decision to extend the program was made “early in Phase Two” to “allow a fuller evaluation of the… Continue Reading

The Sedona Conference® Publishes “Database Principles”

Posted in NEWS & UPDATES, RESOURCES

In its most recent publication (available now in its Public Comment Version) the Sedona Conference takes on another difficult issue of e-discovery:  the preservation and production of databases and database information.  The publication, The Sedona Conference® Database Principles: Addressing the Preservation & Production of Databases and Database Information in Civil Litigation, is intended to “provide practical… Continue Reading

Delaware Court of Chancery Issues Guidelines for Preservation of Electronically Stored Information

Posted in NEWS & UPDATES

Last week the Delaware Court of Chancery issued new guidelines addressing the preservation of electronically stored information.  The guidelines are intended to “remind all counsel … of their common law duty to their clients and the court with respect to the preservation of electronically stored information.”  Although less than two pages long, the guidelines offer… Continue Reading

K&L Gates, EDRM Collaborate to Enhance E-Discovery Database

Posted in NEWS & UPDATES

As a way of continuing to enhance the value of Electronic Discovery Law, we recently embarked on a project with the e-Discovery Reference Model (EDRM) to classify the more than 1,800 cases in our case database according to the EDRM standards.  These cases will retain their existing searchable tags in addition to the new EDRM… Continue Reading

Welcome Wisconsin! E-Discovery Amendments Become Effective January 1, 2011

Posted in NEWS & UPDATES

On January 1, 2011, the e-discovery amendments to Wisconsin’s rules of civil procedure become effective.  The amendments, affecting Wis. Stat. §§ 802.10, 804.01, 804.08, 804.09, 804.12, and 805.07, address for the first time the discovery of electronically stored information (“ESI”).  Among other things, the amendments address issues including the parties’ obligation to meet and confer,… Continue Reading

Discovery of Social Networking Sites

Posted in NEWS & UPDATES

By: Martha Dawson, Michael Goodfried, K&L Gates This article appeared in DRI’s E-Discovery Connection, Volume 5 Issue 3, on December 23, 2010 Consider how you, or someone you know, uses social networking sites; and consider how valuable this could be in litigation. • “Check out the photos from my climb of Mt. Rainier. It rocked!… Continue Reading

Must-haves for your e-discovery toolkit

Posted in NEWS & UPDATES

By: Julie Anne Halter, K&L Gates, Seattle This article appeared in the Puget Sound Business Journal the week of December 10-16. In 2007, according to a report from the International Data Corporation, the “digital universe” contained 281 billion gigabytes of data. That’s the paper equivalent of roughly 2.25 million pages per person. Commentators predict that by 2011,… Continue Reading

UK Introduces Practice Direction 31B Addressing the Disclosure of Electronic Documents

Posted in NEWS & UPDATES

Effective October 1, 2010, the UK has introduced Practice Direction 31B addressing in detail the disclosure of electronic documents.  According to the Ministry of Justice, this new Practice Direction “aims to focus the parties on the sources of electronic material and give guidance to those with less experience of dealing which such issues.”  A comprehensive… Continue Reading

European Commission Announces Intention to Strengthen EU Data Protection Rules

Posted in NEWS & UPDATES

In a press release dated November 4, 2010, the European Commission outlined its goal of reviewing and amending its Data Protection Directive to address “challenges raised by new technologies and globalisation.”  The press release announces the Commission’s intention to “put forward legislation next year to strengthen individuals’ rights while also removing red tape to ensure… Continue Reading

e-Discovery in Oklahoma

Posted in NEWS & UPDATES

As of November 1, 2010, Oklahoma’s Code of Civil Procedure specifically provides for the discovery of electronically stored information (“ESI”).  Closely mirroring the Federal Rules of Civil Procedure, the Code addresses issues including the identification of “not reasonably accessible” information, the format of production, and sanctions for the loss of ESI resulting from the routine,… Continue Reading

Hot Off the Press: The Sedona Conference® Commentary on Proportionality in Electronic Discovery

Posted in NEWS & UPDATES, RESOURCES

Today The Sedona Conference® made available its Commentary on Proportionality in Electronic Discovery.  The commentary (published as a "public comment version") provides valuable insight and guidance on one of the hottest topics in e-discovery today.  Among other things, the publication identifies six Principles of Proportionality, intended to “provide a framework for the application of the doctrine… Continue Reading

Building Your e-Discovery Toolkit

Posted in NEWS & UPDATES

By Julie Anne Halter, K&L Gates This article appears in the October 2010 edition of DeNovo, the official publication of the Washington State Bar Association Young Lawyers Division. In 2007, the “digital universe” contained 280,000,000,000 gigabytes of data – roughly 45 gigabytes (or the paper equivalent of 2.25 million pages) for each person on the… Continue Reading

The Sedona Conference® Publishes 2010 Update to its Commentary on Legal Holds and the Third Edition of The Sedona Conference Glossary

Posted in NEWS & UPDATES, RESOURCES

The Sedona Conference®, a charitable research and education institute “dedicated to the advancement of law and policy in the areas of antitrust law, complex litigation and intellectual property rights” recently published an update to its 2007 Commentary on Legal Holds, which, according to its authors, “reflects an accurate view of reasonable and defensible practices that… Continue Reading

Seventh Circuit Issues Report on Phase One of Electronic Discovery Pilot Program

Posted in NEWS & UPDATES

Last month, the Seventh Circuit’s Electronic Discovery Pilot Program Committee released its report on phase one of its Electronic Discovery Pilot Program.  Initiated as a “multi-year, multi-phase process to develop, implement, evaluate, and improve pretrial litigation procedures that would provide fairness and justice to all parties while seeking to reduce the cost and burden of… Continue Reading

Judge Scheindlin Amends Recent Pension Opinion

Posted in NEWS & UPDATES

On May 28th, Judge Shira Scheindlin entered an order amending her recent opinion in Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC.  The order provides important clarification regarding the scope of a party’s obligation to collect records from its employees.  The order states: At page 10, lines 7-10, replace… Continue Reading

Court Order Provides Students, Parents Opportunity to View Images Captured by School-Issued Laptops

Posted in NEWS & UPDATES

For anyone who hasn’t heard, a school district in Pennsylvania has recently come under fire for using the webcams on school-issued laptops to capture images of students both during and outside of school hours – about 56,000 of them, according to reports.  According to the complaint filed in this case, students and parents were not… Continue Reading

North Carolina Bar Association Issues Proposed Ethical Opinions Approving Use of SaaS, Providing List of Considerations to Minimize Risk

Posted in NEWS & UPDATES

In what may be the first opinion of its kind, the North Carolina Bar Association has drafted a proposed ethical opinion addressing lawyers’ use of “software as a service” ("SaaS").  The proposed opinion concludes that lawyers “may contract with a vendor of software as a service provided the risks that confidential client information may be… Continue Reading

Delaware County Establishes New Complex Commercial Litigation Division, Requires Early Consideration of Electronic Discovery

Posted in NEWS & UPDATES

Effective May 1, 2010, New Castle County, Delaware, has created a new division known as the Complex Commercial Litigation Division.  Available for prescribed categories of cases, including cases with an amount in controversy of more than $1 million (excluding certain types of actions, including, e.g., claims for personal, mental or physical injury), the new division… Continue Reading