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

Tag Archives: RESOURCES

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

ABA Working Group Issues Interim Report on e-Discovery in Bankruptcy Cases

Posted in NEWS & UPDATES, RESOURCES

In March, the American Bar Association’s Electronic Discovery [ESI] in Bankruptcy Working Group issued its Interim Report on Electronic Discovery Issues in Bankruptcy Cases.  The Working Group “was formed to study and prepare guidelines or a best practices report on the scope and timing of a party’s obligation to preserve electronically stored information (ESI) in… Continue Reading

E-Discovery Standards in Federal and State Courts after the 2006 Federal Amendments

Posted in RESOURCES

Since the amendment of the Federal Rules in 2006, many states have adopted their own rules to address the discovery of electronically stored information.  Thomas Allman, a recognized authority on electronic discovery, has given permission to post his article identifying and analyzing the myriad of state e-discovery rules around the country. Our thanks to Mr. Allman for… Continue Reading

From The Sedona Conference®: a Commentary on Ethics & Metadata

Posted in NEWS & UPDATES, RESOURCES

In March, The Sedona Conference® released a public comment version of its latest publication: Commentary on Ethics & Metadata.  The commentary is the first “to move beyond [Working Group 1’s] previously exclusive focus on aspects of discovery or records management/preservation” and focuses on ethical obligations surrounding metadata in both the discovery and non-discovery context. The… Continue Reading

The Sedona Conference® Issues “International Principles on Discovery, Disclosure & Data Protection”

Posted in RESOURCES

In December, the Sedona Conference® made available its latest publication, International Principles on Discovery, Disclosure & Data Protection: Best Practices, Recommendations & Principles for Addressing the Preservation & Discovery of Protected Data in U.S. Litigation (Public Comment Version).  Among the information included are six Principles and attendant commentary as well as a model protective order… Continue Reading

The Rules Have Moved!

Posted in RESOURCES

If you’re looking for a list of State or Local District Court Rules addressing electronic discovery, please click the link “Local District Court Rules” or “State Court Rules” on the left-hand side of this page.

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

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

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

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

The Sedona Conference® Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible

Posted in RESOURCES

July 2008.  Available for free download here. From the Preface: This Sedona Conference® Commentary focuses on the decision making process relating to the preservation of sources of electronically stored information that may contain discoverable information that is “not reasonably accessible.”  The “reasonable accessibility” distinction – introduced by the 2006 Federal E-Discovery Amendments as part of the… Continue Reading

The Sedona Conference® Cooperation Proclamation

Posted in RESOURCES

July 2008.  Available for free download here. Excerpt: The costs associated with adversarial conduct in pre-trial discovery have become a serious burden to the American judicial system.  This burden rises significantly in discovery of electronically stored information (“ESI”).  In addition to rising monetary costs, courts have seen escalating motion practice, overreaching, obstruction, and extensive, but… Continue Reading

Managing Discovery of Electronic Information: A Pocket Guide for Judges

Posted in RESOURCES

By Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins Federal Judicial Center (2007) This “Pocket Guide” identifies problems that recur during the course of electronic discovery, and presents management tools that federal judges may use for responding to them.  The 26-page publication may be downloaded from the Federal Judicial Center’s website, free of… Continue Reading

List of States Actively Considering the Adoption of Special E-Discovery Court Rules

Posted in RESOURCES

A number of states are considering whether to adopt special court rules addressing the discovery of electronically stored information.  Here is a current list of those states that have published proposed rules amendments for public comment, with links to the relevant materials. Alaska Currently seeking public comment on proposed rules; deadline is Friday, 2/29/2008. Request… Continue Reading

Uniform Rules Relating to the Discovery of Electronically Stored Information Approved and Recommended for Enactment

Posted in RESOURCES

The National Conference of Commissioners on Uniform State Laws has approved its Uniform Rules Relating to the Discovery of Electronically Stored Information and recommended them for enactment in all the states. The NCCUSL describes the Uniform Rules as follows: The Uniform Rules Relating to the Discovery of Electronically Stored Information provides states with up-to-date rules for the discovery… Continue Reading

Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information

Posted in RESOURCES

In August 2006, the Conference of Chief Justices approved the Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information as a reference tool for state trial court judges faced by a dispute over e-discovery. These Guidelines are intended to help in identifying the issues and determining the decision- making factors to be applied in… Continue Reading

The Sedona Conference® Publishes The Sedona Principles, Second Edition, Addressing Electronic Discovery

Posted in RESOURCES

SEDONA, AZ – The Sedona Conference®, the nation’s premier nonpartisan law and policy think tank, has announced publication of The Sedona Principles, Second Edition, Best Practices Recommendations and Principles for Addressing Electronic Document Production.  Building on the success of first edition of The Sedona Principles, which appeared in January 2004, the second edition has been… Continue Reading

The Sedona Guidelines, September 2005

Posted in RESOURCES

The Sedona Guidelines: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age is now available for download. This document, the second published by The Sedona Conference Working Group Series, addresses “questions related to the management of electronic information in organizations as a result of business, statutory, regulatory and legal needs…. Continue Reading

2005 Socha-Gelbmann Electronic Discovery Survey

Posted in RESOURCES

The 2005 Socha-Gelbmann Electronic Discovery Survey Report has been released. The 2005 Survey examines the state of electronic discovery in 2004, through direct interviews and an online surveys of 69 consumers and providers of electronic discovery services, as well as website data from more than 200 organizations in the electronic discovery niche. It also compares… Continue Reading

Electronic Discovery Sanctions in the Twenty-First Century

Posted in FEDERAL RULES AMENDMENTS, RESOURCES

Judge Scheindlin, United States District Court Judge for the Southern District of New York, has co-authored an article that surveys decisions concerning e-discovery sanctions issued since January 1, 2000. The article is meant to provide guidance for e-discovery reform by examining what state and federal courts have considered to be sanctionable conduct and the sanctions… Continue Reading

State-Specific E-Discovery Rules

Posted in RESOURCES

Several states, including Kansas, Delaware, Mississippi, and Texas have amended their Civil Rules to address electronic documents in discovery. New Jersey, Wyoming, and Arkansas have also adopted local rules.