Archive: January 2015

1
Applying Proportionality to Preservation, Court Grants Permission to Dispose of Computers
2
State Bar of California Interim Opinion on Attorneys’ Duties in the “Handling of Discovery of [ESI]” – Comment Period Extended
3
Keeping You Informed: K&L Gates’ Third Annual “Under the Wire”
4
E-Discovery in 2015: Will You Feel The Earth Move Under Your Feet?
5
2014 ABA Journal Blawg 100: We Won! (And Thanks for Voting!)

Applying Proportionality to Preservation, Court Grants Permission to Dispose of Computers

Lord Abbett Mun. Income Fund., Inc v. Asami, No. C-12-03694 DMR, 2014 WL 5477639 (N.D. Cal. Oct. 29, 2014)

Following an order granting summary judgment in their favor, the “Board Member Defendants” notified the plaintiff that they would no longer contribute to the cost of storing 159 computers, but refused to consent to allowing Plaintiff to dispose of them, arguing that Plaintiff should be required to preserve the computers until “after the Ninth Circuit has ruled on its appeal and any trial has been completed.”  The court declined to compel Plaintiff to bear the costs and burden of continuing to preserve, however, where discovery had closed, where there was no indication that the computers contained relevant information, and where the defendants had “numerous opportunities to test their belief that the computers may have evidentiary value, but [had] refused to act on them.”

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State Bar of California Interim Opinion on Attorneys’ Duties in the “Handling of Discovery of [ESI]” – Comment Period Extended

As was previously reported on this blog, here, the California State Bar Standing Committee on Professional Responsibility and Conduct (“COPRAC”) published Proposed Formal Opinion Interim No. 11-0004, addressing “ESI and Discovery Requests,” for public comment in Spring 2014.  At its December meeting, COPRAC revised that opinion in response to public comment and approved an additional 90-day comment period, ending April 9, 2015.

For more information and for a full copy of the proposed formal opinion, click here.

E-Discovery in 2015: Will You Feel The Earth Move Under Your Feet?

By Daniel R. Miller, Bree Kelly

The civil litigation landscape is constantly changing as new laws are passed, new rules are promulgated, and new opinions are issued.  As in the natural world, some areas are more prone to change than others, and the bedrock of discovery has significantly shifted in recent years.  The rumblings began in earnest in the early part of this century, as judicial opinions began to address the significant challenges posed by the proliferation of electronic information in daily life.  Then, in 2006, “the big one” hit, and the Federal Rules of Civil Procedure were amended to substantially address the discovery of electronically stored information (“ESI”).  Eight years later, the aftershocks of that tremendous shake up continue and new fault lines have begun to emerge, providing clues—and warnings—as to where the next big shifts are likely to occur.  In this article, we will identify some of those areas, including emerging standards of competence in electronic discovery, the pending amendments to the rules of civil procedure, and the continuing evolution of the use of technology in electronic discovery, and beyond.

To read the full article, click here.

2014 ABA Journal Blawg 100: We Won! (And Thanks for Voting!)

We are proud to announce that we received the most votes in the ABA Journal Blawg 100’s Legal Tech category this year.  We were honored to make the list and are very excited to win in our category!

As you may know, we have been blogging on the topic of e-discovery for more than ten years now, and receiving this recognition from our readers is incredibly rewarding.  It is our sincere pleasure to provide this resource and we look forward to continuing this important work in the New Year, and beyond.

We would also like to say Congratulations to everyone in the 2014 Blawg 100; keep up the fantastic work!

Click here to read more about the ABA Journal’s Annual Blawg 100 list and to see the list of winners and nominees in each category.

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