Category: News & Updates

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Demanding Party May be Liable for Data Translation Costs
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The Volume Problem of E-Discovery
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In Spitzer’s office, hours of drudgery, moments of ‘gotcha!’
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E-mails star in another Spitzer probe
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Are Instant Messages Discoverable?
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Seattle Sleuth
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Two Tiers and a Safe Harbor: Federal Rulemakers Grapple with E-Discovery
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Public Comment Period Begins for Federal Civil Rules Proposals Addressing Electronic Discovery Issues

Demanding Party May be Liable for Data Translation Costs

The Recorder
December 6, 2004

Litigants who demand expensive electronic data discovery have to pay for it, the Sixth District Court of Appeal ruled Friday. Noting that the issue is “bound to arise with increasing frequency,” the appellate court reversed a trial court decision that had compelled Toshiba America Electronic Components Inc. to produce data at an estimated cost of $1.5 million to $1.9 million. Click here to continue reading [subscription required.]

The Volume Problem of E-Discovery

Article by Thomas F. Gleason and Patrick M. Connors published on Lexis Nexis Practice Area News
Let’s skip the obvious and unanswerable question — why anybody could believe there was joy in litigation in the first place — and ask what prompts this now common sentiment. Is there truly an explosion of electronic evidence, creating mind-numbing discovery and inspection sessions and costs threatening to swamp the financial viability of commercial litigation? The answer, in these writers’ opinions is yes, and the basic problem is the amount of “stuff” that computers create. Read more.

In Spitzer’s office, hours of drudgery, moments of ‘gotcha!’

By KATE KELLY
The Wall Street Journal
October 27, 2004, 10:09 AM EDT

One of New York Attorney General Eliot Spitzer’s investigators was perusing a stack of subpoenaed documents in a Manhattan office last month when he let out a yelp, slammed down his coffee and sprinted down the corridor.

The find, people in the office recall: a Marsh & McLennan Cos. employee’s e-mail soliciting a fake bid from an insurance company to help Marsh steer business to a favored provider.

The sleuth: Craig Winters, a 27-year-old intern. Read More

E-mails star in another Spitzer probe

Oct. 14, 2004
By Greg Morcroft
CBS.MarketWatch.com

NEW YORK (CBS.MW) — Eliot Spitzer clearly doesn’t follow the edict of Henry Stimson, a 20th century U.S diplomat, who once famously stated, “Gentlemen don’t read other people’s mail.”

Spitzer, New York’s current attorney general and the bane of corporate wrongdoers, launched his latest salvo Thursday at several of the nation’s largest insurance companies, using internal e-mails from several of the companies to buttress his case. Read More

Public Comment Period Begins for Federal Civil Rules Proposals Addressing Electronic Discovery Issues

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. You may receive a copy of the proposed amendments, and the Committee Notes, in this government .pdf document.

The public now has until February 15, 2005 to comment to the Secretary to the Standing Committee regarding the proposed amendments. In addition, public hearings will be held at various dates prior to the February 15 deadline, allowing comments to be given via public testimony. The earliest the proposed rules may go into effect is December 1, 2006. Read More

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