Electronic Discovery Law

Legal issues, news and best practices relating to the discovery of electronically stored information.

 

1
Demanding Party May be Liable for Data Translation Costs
2
The Volume Problem of E-Discovery
3
State-Specific E-Discovery Rules
4
The Sedona Conference
5
Ken Withers
6
Lawyers for Civil Justice
7
Socha Consulting LLC
8
U.S. Courts Website
9
Electronic Discovery for Corporate Counsel
10
Public Comment Period Begins for Federal Civil Rules Proposals

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.

The Sedona Conference

The Sedona Conference(SM) is a nonprofit 501(c)(3) research and educational institute, dedicated to the advanced study of law and policy in the areas of antitrust, intellectual property, and complex litigation. Since its founding in 1997, it has developed an international reputation as a balanced and forward-looking law and policy think tank that has and will continue to provide constructive contributions to the reasoned and just development of law and policy. The Sedona Guidelines and The Sedona Principles have come to have been known as the preeminent thought-leadership pieces in the field.

Ken Withers

Ken Withers is a senior judicial education attorney with the Federal Judicial Center in Washington, D.C., where he is responsible for developing educational programs for federal judges and Court-employed attorneys. These programs include electronic discovery, technology in the criminal justice system, and advanced uses of technology in the administration of justice. Ken is also heavily involved in the federal rules amendment process.

Lawyers for Civil Justice

Created by defense trial lawyers and corporate counsel, Lawyers for Civil Justice (LCJ) is a national coalition supporting excellence, fairness and improvements within the civil justice system. It supports activities at both the state and national level designed to achieve reforms, which will ensure balance in the civil justice system. Greater predictability in damage awards, streamlining the discovery process, and improving the management of litigation and scarce judicial resources are all long range goals of LCJ. Read More

Socha Consulting LLC

As an e-discovery special master and expert witness, George Socha tracks e-discovery happenings, articles, and books and provides technology vendor information through his website, sochaconsulting.com. George is also a researcher and frequent speaker on the subject of electronic discovery.

Electronic Discovery for Corporate Counsel

November 19, 2004, San Francisco
December 17, 2004, New York City

This bi-coastal program, developed through a joint effort between Preston Gates, Microsoft��and the Practising Law Institute (PLI,) is designed specifically for in-house counsel and other attorneys involved in advising organizations on electronic discovery and document retention issues. Backup tapes, evolving case law, computer forensics, and ethics rules in email are just a portion of the subjects to be covered by a daylong series of speakers and interactive panels.

Key focus areas include:

  • Formulating retention/destruction policies and implementing the duty to preserve
  • New discovery frontiers: instant messaging and voicemail
  • Computer forensics: When you need it; when you don’t
  • Update on newly revised E-Discovery court rules
  • Creating defensible privilege claims
  • Ethics: Resolving conflicts related to email

Public Comment Period Begins for Federal Civil Rules Proposals

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 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. For more information on the amendment process and the public comment period, please click here.

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