Category: News & Updates

1
New Government Contracts Litigation Blog Launches
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Complete Disclosure
3
AMD Subpoenas Dozens of Major Intel Customers
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Everyone Needs A Solid Document Retention Policy – Even Dilbert!
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E-Discovery Tops List of In-House Worries
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E-mail to Lawyers: E-discovery Rules on the Way
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Locate Smoking Guns in Cryptic Messaging
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Judicial Conference Approves Proposed Amendments to Federal Rules of Civil Procedure
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Morgan Stanley Faces $10 Million Fine for Failure to Preserve Email
10
Beverly Enterprises Required to Post $20 Million Bond for Failure to Produce Documents

New Government Contracts Litigation Blog Launches

The Government Contracts, Construction and Procurement Policy group at Preston Gates recently launched Government Contracts Litigation, a blog on legal issues, news and best practices related to government contracts litigation. Dick Hanson and Mark Jackson, the attorneys directly responsible for managing the blog, have decades of litigation experience representing both contractors and federal agencies. Special thanks to Jason Miller in the firms’ business development group for his help bringing govcontractslitigation.com online.

Welcome to the blogosphere!

AMD Subpoenas Dozens of Major Intel Customers

Advanced Micro Devices said it has served subpoenas to 36 major U.S. tech companies seeking documentation to support its antitrust lawsuit against Intel. AMD expects to receive 6 to 8 terabytes of data in documentation from the subpoenaed companies, which is shaping up to be one of the largest U.S. cases involving electronically stored information.

“We are expecting a tidal wave of material,” said Chuck Diamond, AMD’s lead outside counsel for the case. Read the entire article from Computer Business Reveiew Online.

E-Discovery Tops List of In-House Worries

Fulbright & Jaworski’s annual survey of corporate counsel reflects a growing concern about the costs and consequences of electronic discovery. The 2005 litigation-trends survey found that e-discovery was the No. 1 new litigation-related burden for companies with revenues of more than $100 million. With e-mail and other digital data becoming more prevalent as evidence in lawsuits, effective record keeping is becoming a priority, and record retention policies and litigation hold policies are gaining in prevalence. Read the full 10.11.05 article by Petra Pasternak on CalLaw [subscription required.]

Locate Smoking Guns in Cryptic Messaging

An article by Conrad Jacoby in the September issue of Law Technology News: Collecting documents in response to internal investigations or civil litigation discovery requests has always been a challenge. The problem is not so much gathering the documents (though volume can be problematic), but rather identifying the data repository nooks and crannies where important information may be stored. Most difficult of all: The collecting party must develop logical and reproducible procedures for identifying relevant documents and separating them from the vast amount of other unrelated material. One particular challenge is sorting through e-mail messages and short messages sent from portable devices. Click here to read the entire article.

Judicial Conference Approves Proposed Amendments to Federal Rules of Civil Procedure

The Judicial Conference today approved the package of proposed rule amendments addressing the discovery of electronically stored information. It was approved unanimously, without question or objection, and will now be considered by the Supreme Court. If promulgated by May 1, it will become effective on December 1, 2006 absent intervention by Congress.

The September 2005 report from the Committee on Rules of Practice and Procedure to the Judicial Conference, which includes a copy of the amendments, can be found here.

Morgan Stanley Faces $10 Million Fine for Failure to Preserve Email

AP Business reported Tuesday that Morgan Stanley (“Morgan”) is facing a Securities and Exchange Commission (“SEC”) fine of roughly $10 million in connection with a failure to preserve email.

The Wall Street Journal reported that the email may have been relevant to significant SEC actions against Morgan. It also reported that the SEC is alleging that Morgan falsely certified a document stating that it had produced all documents in connection with an investigation.

The AP story can be found here.

Beverly Enterprises Required to Post $20 Million Bond for Failure to Produce Documents

On August 9, the Arkansas Democrat Gazette reported that Beverly Enterprises was ordered by the Arkansas Supreme Court to comply with Judge Phillips’ ruling and post a $20 million bond for failure to produce documents. Judge Phillips reportedly ordered the bond after “becoming frustrated in obtaining documents in a nursing home care case.” He had considered incarceration of Beverly executives in June, following defendants’ failure to produce documents including email and other electronic data.

The story can be found here.

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