Electronic Discovery Law – Page 464 – Legal issues, news and best practices relating to the discovery of electronically stored information.

Electronic Discovery for Corporate Counsel

Oct 29 2004

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

Oct 29 2004

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.

Advisory Committee Recommends New Rules for Electronic Discovery

Oct 28 2004

In April 2004, the U.S. Judicial Conference Advisory Committee on Civil Rules submitted to the Standing Committee on Rules of Practice and Procedure several proposed amendments to the Federal Civil Rules specifically addressing the unique challenges of electronic discovery, recommending that the Standing Committee publish these proposals for comment in August 2004. The proposed rules mark the culmination of several years of work by the Advisory Committee and its Discovery Subcommittee examining the issue of whether and how the civil rules should be amended to specifically address electronic discovery issues.

Glasser LegalWorks 8th Annual Electronic Discovery & Records Retention Conference

Oct 28 2004

December 9-10, 2004
Hyatt Regency San Francisco
San Francisco, California

Preston’s Martha Dawson will be participating as a panelist. The conference will focus on a number of key electronic discovery issues, including:

Spoliation
Disclosure and discovery of digital evidence
Finding and collecting electronic information
Effective records management
Selecting an e-discovery vendor
Updates on e-discovery law

For more information on the conference, click here.

Defense Research Institute’s E-Discovery Committee

Oct 28 2004

The Defense Research Institute (DRI) is the national organization of defense trial lawyers and corporate counsel. DRI’s E-Discovery Committee keeps members informed on the latest developments in e-discovery law through their website and annual e-discovery CLE Seminar. Read More

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

Oct 27 2004

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

California Civil Discovery Law

Oct 26 2004

Commissioner Richard E. Best, retired from the San Francisco Superior Court in 2003 after 29 years of service, and continues to promote the use of technology in discovery, as well as serve as a private discovery referee. His website, California Civil Discovery Law, is a repository of continuing education materials, discovery resources, case law and e-discovery updates.

The Legal & Strategic Guide to E-Discovery

Oct 20 2004

Best Practices for Corporate Counsel
Park Central Hotel, New York City
November 10-12, 2004

Key themes: Minimizing costs associated with e-discovery, best practices for managing and preserving electronic information, developing effective litigation response strategies, tips and traps for records management and litigation strategy. Presented by Marcus Evans.

E-mails star in another Spitzer probe

Oct 14 2004

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

The Sedona Conference: 3rd Annual Best Practices for Electronic Document Retention Working Group Meeting

Oct 14 2004

October 15-16, 2004
Royal Palms
Phoenix, Arizona

Preston’s Helen Moure will be participating as a member of the Working Group.