Archive: February 9, 2005

1
Court Orders Party to Correct Technical Problems with Electronic Production, Declines to Appoint Neutral Consultant
2
Reminder: Last Chance to Submit Comments on Proposed Changes to the Federal Rules of Civil Procedure
3
Second National Advanced Forum on Document Retention & E-Discovery

Court Orders Party to Correct Technical Problems with Electronic Production, Declines to Appoint Neutral Consultant

United States v. Merck-Medco Managed Care, L.L.C., 2005 WL 273030 (E.D.Pa. Feb. 2, 2005)

This opinion addresses the plaintiff’s motion to modify the case management order and establish certain discovery deadlines, as a result of defendant Medco’s electronic document production failings.

Earlier, Medco had notified the court of its failure to comply with the court’s deadline for document production a week after the deadline had passed. At the same time, Medco failed to inform the court when production would be complete or what documents still needed to be produced. Several weeks later, Medco claimed that its electronic document production was complete, with three exceptions: (1) documents that were withheld as privileged but that may not be privileged; (2) thirteen additional boxes; and (3) corrupted data that Medco was restoring. Plaintiffs, however, claimed that Medco’s electronic document production was still incomplete because several disks were defective and because there were major technical defects discovered in the electronic claims data that Medco had produced, including: (1) hard drive disk errors; (2) files containing questionable or missing data; and (3) and other technical file related issues. Read More

Reminder: Last Chance to Submit Comments on Proposed Changes to the Federal Rules of Civil Procedure

On August 10, 2004, the Standing Committee on Rules of Practice and Procedure approved for publication and public comment several proposed amendments to the Federal Civil Rules that specifically address electronic discovery. The public comment period for these proposed amendments is now nearing its end. The last date for submissions is February 15, 2005.

A copy of the proposed amendments, and the corresponding Committee Notes, can be found here. Comments may be submitted electronically to the Secretary of the Standing Committee, via a link on the federal rulemaking website.

Second National Advanced Forum on Document Retention & E-Discovery

March 15-16, 2005
Sheraton Fisherman’s Wharf Hotel, San Francisco
Produced by American Conferences

Preston Gates’ Helen Moure will be co-presenting a session on Strategic Considerations for Document Storage and Retrieval with Robert E. Norton, Senior Counsel, Daimler-Chrysler Corporation

This conference will focus on providing strategic guidance on creating document retention policies as well as tools and techniques for limiting the scope and cost of e-discovery. Faculty will include representatives from Cargill, ExxonMobil, General Motors, Pfizer and Tyco, as well as a suite of federal court judges.

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