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The Researching Paralegal

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The Researching Paralegal

Category Archives: Discovery

In Discovery, Ask A Silly Question, You’ll Get A Silly Answer.

20 Tuesday May 2014

Posted by Celia C. Elwell, RP in Discovery, Document Review, E-Discovery, Federal Rules of Discovery

≈ Comments Off on In Discovery, Ask A Silly Question, You’ll Get A Silly Answer.

Tags

bowtielaw blog, Discovery, E-Discovery, E-Mail, ESI, Joshua Gilliland, Requests for Production, Text Messages

Lessons From Drafting Overly Broad Requests, by Joshua Gilliland, Esq., bowtielaw blog

http://tinyurl.com/pzykr25

Drafting discovery is an art. While painting in oils or pastels is certainly more colorful than drafting requests in Times New Roman or Ariel, both require thought. And like any masterpiece, drafting a request for production can have its challenges.

A Requesting Party demanded an opposing party produce ‘[a]ll email and text messages sent or received on Mayo email and text messaging accounts.’

The Magistrate Judge found the request to be overly broad. . . .

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Craig Ball’s Lawyers’ Guide to Forms of Production.

19 Monday May 2014

Posted by Celia C. Elwell, RP in Adobe Acrobat, Authentication, Bates Numbers, Computer Forensics, Databases, Discovery, Document Review, E-Discovery, Emails, Evidence, Federal Judges, Federal Rules of Discovery, Federal Rules of Evidence, Forensic Evidence, Judges, Legal Forms, Legal Technology, Native Format

≈ Comments Off on Craig Ball’s Lawyers’ Guide to Forms of Production.

Tags

Adobe Acrobat, Ball in Your Court, Bates Numbering, Craig Ball, Databases, E-Discovery, E-Mail, ESI, Evidence, Lawyers' Guide to Forms of Production, Native Format, Redaction

A Guide to Forms of Production, by Craig Ball, Ball In Your Court Blog

http://ballinyourcourt.wordpress.com/2014/05/19/a-guide-to-forms-of-production/

Craig Ball’s Lawyers’ Guide to Forms of Production! Although Mr. Ball says there is much he wants to re-organize and rewrite, I can’t wait to dive in.  You will find the hyperlink to the Guide when you go to the web site. Thank you, Craig Ball! -CCE

Semiannually, I compile a primer on some key aspect of electronic discovery.  In the past, I’ve written on computer forensics, backup systems, metadata and databases. For 2014, I’ve completed the first draft of the Lawyers’ Guide to Forms of Production, intended to serve as a primer on making sensible and cost-effective specifications for production of electronically stored information.  It’s the culmination and re-purposing of much that I’ve written on forms heretofore, along with new material extolling the advantages of native and near-native forms.

Reviewing the latest draft, there is much I want to add and re-organize; accordingly, it will be a work-in-progress for months to come.  Consider it a “public comment” version.  The linked document includes exemplar verbiage for requests and model protocols for your adaption and adoption.  I plan to add more forms and examples. . . .

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Deposition Objections – How To Make And Defend Them.

18 Sunday May 2014

Posted by Celia C. Elwell, RP in Attorney-Client Privilege, Depositions, Discovery, Evidence, Objections

≈ Comments Off on Deposition Objections – How To Make And Defend Them.

Tags

Depositions, Evidence, Lawyerist Blog, Objections, Susan Minsberg

Proper Deposition Objections, by Susan Minsberg, Lawyerist Blog (with hat tip to Evan Schaeffer!)

http://lawyerist.com/16801/proper-deposition-objections/

Whether you are defending (or taking) your first or your hundredth deposition, you must be ready to handle objections. That means knowing which objections are proper and which are not. Once you know, you can keep the deposition proceeding smoothly — and avoid embarrassing yourself. . . .

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Don’t Offer An E-Database If You Can’t Afford It.

14 Wednesday May 2014

Posted by Celia C. Elwell, RP in Appellate Law, Criminal Law, Databases, Discovery, Document Review, E-Discovery, Metadata, Preservation, Requests for Production

≈ Comments Off on Don’t Offer An E-Database If You Can’t Afford It.

Tags

Concordance, Database, E-Discovery, K&L Gates, Metadata

Despite Alleged Budget Constraints, Government Ordered to Continue to Pay for Database to Avoid Prejudice to Criminal Defendants, Electronic Discovery Law, published by K&L Gates

http://tinyurl.com/led86em

In this criminal case, the Government was ordered to continue to maintain a Relativity Database (the ‘Database’) utilized by the parties to review documents produced by the Government and to continue to provide Defendants with the access and support that the parties had previously negotiated, despite the depletion of funding for the Database which was accelerated by the Government’s voluntary actions. . . .

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Keeping Medical Records Costs Down.

16 Wednesday Apr 2014

Posted by Celia C. Elwell, RP in HITECH Act, Litigation, Medical Records, Motor Vehicle, Negligence, Personal Injury, Product Liability, Torts, Wrongful Death

≈ Comments Off on Keeping Medical Records Costs Down.

Tags

Doctors, Health Care Provider, Hospitals, Litigation and Trial Blog, Max Kennerly, Medical Records, Patient's Rights

Defeating The Medical Records Paper Copy Scam, by Max Kennerly, Esq., Litigation and Trial Blog (with hat tip to Evan Schaeffer, The Trial Practice Tips Blog!)

http://tinyurl.com/mmpm4sy

Mr. Kennerly explains why obtaining medical records need not be expensive, and provides a sample letter with citation to legal authority. -CCE

Hardly a day goes by without a letter from my office either requesting medical records or paying for them. Some days, I sign more than a dozen. It’s perhaps the most common thread among all my cases: the vast majority of my clients have been physically injured in one way or another, and at a bare minimum, I need the records from their doctors and hospitals to show the diagnoses they have and the treatment they have received.

Every patient has a right to receive their medical records, and by law should be able to obtain those records promptly at no markup, with no padded fees, and no unnecessary charges from the hospital or the records company. But if there’s money to be made, someone will try to make it, and over the past decade a whole cottage industry has developed around the “business” of trying to cheat patients trying to get their medical records. Sometimes health care providers outsource this ‘business’ to third-party companies, and sometimes the hospitals and health systems play the con game themselves. . . .

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How Not To Do E-Discovery.

15 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Litigation Hold, Preservation, Sanctions

≈ Comments Off on How Not To Do E-Discovery.

Tags

Back up tapes, E-Discovery, e-Discovery Team®, E-Mail, Evidence, Failure to Preserve, Ralph Losey, Sanctions

Fears and Loathing (and Pain) in Seattle: a Case Lesson in How NOT to Preserve and Produce Email – Part One, by Ralph Losey, e-Discovery Team®

http://tinyurl.com/l8ujksu

If e-discovery is part of your life, you need to read this blog. Ralph Losey is not the only expert showcased here, but he is definitely one of the best. E-discovery is an area of law that is constantly evolving. If you do not work in it frequently, it is easy to get lost. Blogs such as these will help. -CCE

A recent case in Seattle provides a text-book example of how not to do e-discovery. It concludes with a sanctions order against the defendant, and the defendant’s law firm, Payne & Fears LLP. The law firm was fined $10,000, payable to the court, due to the conduct of two of its attorneys. The defendant, Corinthian Colleges, was fined another $25,000. Knickerbocker v Corinthian Colleges, Case No. C12-1142JLR, (WDWA, April 7, 2014). . . .

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Tech Tips for Document Review, Production, and Trial.

15 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in Discovery, Document Review, Exhibits, Legal Technology, Requests for Production, Subpoena Duces Tecum, Technology, Trial Tips and Techniques

≈ 2 Comments

Tags

California State Bar, Cogent Legal Blog, Document Production, Document Review, Law Practice Management and Technology Section, Michael Kelleher, Trial, Trial Tips & Technology

5 Tech Tips for Document Review, Production and Use at Trial, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/kv3jy3f

Mr. Kelleher not only shares the technology tips from his recent webinar, but is kind enough to offer his e-mail address and telephone number should you have any questions. Nice guy! -CCE

On Wednesday, April 9, I gave a webinar on technology tips for document review, production and use at trial for the Law Practice Management and Technology Section of the California State Bar. We’re going to be posting a few of the tips on the blog if you missed the webinar. You can also download a PDF of the slide deck with all 25 tech tips here. I hope that these tips save you some time. Email me (michael.kelleher@cogentlegal.com) or give me a call at 510-350-7616 if you have questions about this or any other aspect of litigation technology. . . .

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A Lesson in Attorney-Client Privilege.

30 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Attorney-Client Privilege, Confidentiality, Discovery, Legal Ethics, Requests for Production

≈ Comments Off on A Lesson in Attorney-Client Privilege.

Tags

Attorney-Client Privilege, Daniel E. Cummins, Dissolved Companies, Judge Wettick, Production of Documents, TORT TALK Blog

Judge Wettick: Attorney-Client Privilege Does Not Continue For Defunct Companies, by Daniel E. Cummins, TORT TALK Blog

http://www.torttalk.com/2014/03/judge-wettick-attorney-client-privilege.html

In his recent decision in the case of Red Vision Systems, Inc. et al. v. National Real Estate Information Services, L.P, et al., No. GD – 13 – 008572 (C.P. Allegh. Co. Feb. 26, 2014 Wettick, J.), Judge Wettick dealt with the novel issue of the application of the attorney-client privilege in the context of a request for the production of documents propounded upon a dissolved/non-operating company.

After a thorough review of the scope of the attorney-client privilege, Judge Wettick ultimately ruled that the privilege did not extend to corporations that were no longer in business.  Accordingly, a former in-house counsel for several defunct companies was ordered to turn over documents in discovery related to status of the companies’ assets. . . .

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Does Document Review Qualify As The Practice of Law?

16 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Discovery, Document Review, E-Discovery, Employment Law, Fair Labor Standards Act, Overtime

≈ Comments Off on Does Document Review Qualify As The Practice of Law?

Tags

Contract Attorneys, Discovery, Document Review, Matthew Green, Overtime, Practice of Law, Skadden Arps/Tower Legal, The Posse List Bog

The Contract Attorney Overtime Case Against Skadden, Arps/Tower Legal Has A New Twist, posted by mrposse, The Posse List Bog

http://perma.cc/BQB7-NU7W

This is a legal question that has not yet been completely resolved. As noted in the post, bar examiners have stated that document review is not the practice of law. Contract attorneys who often perform this work want to know whether it qualifies for overtime. This will be one to watch. -CCE

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Social Media Is Admissible Evidence, But Must Be Authenticated.

16 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Admissibility, Authentication, Discovery, Evidence, Relevance, Social Media

≈ 5 Comments

Tags

Dave Stafford, Discovery, Evidence, Facebook, Judge David Shaheed, Judge Tanya Walton Pratt, Lyn Mettler, Marion Superior Court Master Commissioner David Hooper, Relevancy, Social media, Step Ahead Social Research, The Indiana Lawyer.com

Social Media Sleuths Find Evidence, But Admissibility Requires Authentication, by Dave Stafford, The Indiana Lawyer.com

http://perma.cc/N638-D84L

What happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to investigate pertinent posts, a judge suggested during a recent presentation about social media evidence. . . .

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If Your Copier Has A Hard Drive, Is Its Stored Data Susceptible to E-Discovery?

09 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Confidentiality, Databases, Discovery, E-Discovery, Law Office Management, Legal Ethics, Legal Technology, Litigation Hold, Metadata, Native Format, Office Procedures, Preservation, Sanctions, Technology

≈ Comments Off on If Your Copier Has A Hard Drive, Is Its Stored Data Susceptible to E-Discovery?

Tags

Adolph J. Levy, Copiers, Digital Devices, Discovery, Document Retention, E-Discovery, Fax Machines, Hard Drives, Out-Of-The-Box Lawyering Blog, Requests for Production

Be Aware: Copying Machines Can Have Hard Drives And Store Copies – That’s Potential Out-Of-The-Box Discovery, by Adolph J. Levy, Out-Of-The-Box Lawyering Blog

http://tinyurl.com/mmpkd5h

Did you know that some copying machines have hard drives and store digital copies of the copies they have made? Or that the hard drives could even contain 25,000 copies that have been made? Copier + Hard Drive: A Dangerous Combination.

Lawyers are used to discovering e-mail, but now what about using discovery to find copies that a opposing party made over time? Wouldn’t you like to be at your opponent’s office and see the originals of all the copies that were being made?

Well, now, fortunately — or unfortunately — you might be able to. . . .

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E-Discovery Federal Rule Amendments and More.

06 Thursday Mar 2014

Posted by Celia C. Elwell, RP in Bankruptcy Law, Case Law, Court Rules, Discovery, E-Discovery, Federal District Court Rules, Federal Law, Litigation, Mandatory Law, Metadata, Preservation, Primary Law, Regulations, Research, Sanctions, State Law, Statutes, Technology, The Sedona Conference, Trial Tips and Techniques

≈ Comments Off on E-Discovery Federal Rule Amendments and More.

Tags

Bankruptcy Law, Case Summaries, E-Discovery, K&L Gates, Legal Research, Local Rules, Sedona Conference, State Court E-Discovery Rules

Category Archives: FEDERAL RULES AMENDMENTS, by Electronic Discovery, K&L Gates

http://www.ediscoverylaw.com/articles/federal-rules-amendments/

 Notice and analysis of electronic discovery federal rule amendments. You can count on this website to be updated promptly and the information and analysis is accurate. Free subscription by RSS feed.

While you are there, it is worth your time to browse the variety of information published by K&L Gates. They are experts on e-discovery. You will find, among other things:

  • E-Discovery Case Database <http://www.ediscoverylaw.com/e-discovery-case-database/>;
  • State Court Rules on E-Discovery <http://www.ediscoverylaw.com/state-district-court-rules/>; and
  • Case Summaries <http://www.ediscoverylaw.com/articles/case-summaries/>; and
  • Resources <http://www.ediscoverylaw.com/articles/resources/>.

Just poke around. I do not think you will be disappointed. -CCE

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Craig Ball On Being A Digital Forensic Witness.

03 Monday Mar 2014

Posted by Celia C. Elwell, RP in Affidavits, Cross-Examination, Depositions, Direct Examination, Discovery, E-Discovery, Evidence, Exhibits, Expert Witness Report, Expert Witnesses, Experts, Forensic Expert Witness, Hearsay, Legal Technology, Legal Writing, Trial Tips and Techniques

≈ Comments Off on Craig Ball On Being A Digital Forensic Witness.

Tags

Affidavits, Ball In Your Court Blog, Craig Ball, Depositions, E-Discovery, Evidence, Expert Witness Report, Forensic Expert Witness, Trial Tips & Techniques

Becoming a Better Digital Forensics Witness, by Craig Ball, Ball In Your Court Blog

 http://tinyurl.com/kgm8epj

I love to testify—in court, at deposition, in declarations and affidavits—and I even like writing reports about my findings in forensic exams.

I love the challenge—the chance to mix it up with skilled interrogators, defend my opinions and help the decision makers hear what the electronic evidence tells us.  There is a compelling human drama being played out in those bits and bytes, and computer forensic examiners are the fortunate few who get to tell the story.  It’s our privilege to help the finders of fact understand the digital evidence.[1]

This post is written for computer forensic examiners and outlines ways to become a more effective witness and common pitfalls you can avoid.  But the advice offered applies as well to almost anyone who takes the stand. . . .

. . .

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Skype For Video Depositions?

02 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Court Rules, Depositions, Discovery, Employment Law, Federal District Court Rules, Federal Rules of Discovery, Video Deposition

≈ Comments Off on Skype For Video Depositions?

Tags

Bow Tie Law’s Blog, Deposition, Discovery Dispute, Federal Rule 26(g), Federal Rules of Discovery, Hernandez v. Hendrix Produce, Joshua Gilliland, Judge G.R. Smith, Meet and Confer, Skype, Video Deposition

“Stop and Think” About Skype for Depositions, by Joshua Gilliland, Bow Tie Law’s Blog

http://bowtielaw.wordpress.com/2014/02/03/another-skyping-judge/

Judge G.R. Smith issued a great reminder that lawyers must ‘stop and think’ when dealing with discovery disputes. This duty is imposed by Rule 26(g) and is ‘an affirmative duty to engage in pretrial discovery in a responsible manner that is consistent with the spirit and purposes of Rules 26 through Rule 37, and obligates each attorney to stop and think about the legitimacy of a discovery request, a response thereto, or an objection.’ Hernandez v. Hendrix Produce, Inc., 2014 U.S. Dist. LEXIS 4837 (S.D. Ga. Jan. 9, 2014) citing Bottoms v. Liberty Life Assur. Co. of Boston, 2011 U.S. Dist. LEXIS 143251, 2011 WL 6181423 at * 4 (D. Colo. Dec. 13, 2011). 

The case at issue requiring lawyers to ‘stop and think’ involved the plaintiffs in a farmworker rights lawsuit. Three of the plaintiffs were in Mexico and unable to return to Georgia for their depositions. The Defendants wanted the depositions to be held in Georgia. . . .

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More On Why Lawsuits Are So Expensive.

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Damages, Exhibits, Experts, Litigation, Motor Vehicle, Personal Injury, Plaintiff's Counsel, Product Liability, Trial Tips and Techniques, Video Deposition, Witnesses

≈ Comments Off on More On Why Lawsuits Are So Expensive.

Tags

Accident Reconstructionist, Cross-Examination, Daubert Rule, Engineer, Expert Witness, Filing Fees, Personal Injury, Product Liability, Video Deposition

Why Lawsuits Are So Expensive, Pt. II, by Gregory H. Haubrich, Foshee & Yafee, Butter’s Blog

http://greghaubrich.com/2014/02/13/why-lawsuits-are-so-expensive-pt-ii/

In my previous edition of Butter’s Blog, Part I explored why lawsuits are so expensive. In Part II, we are going to break down the costs of getting your case to trial. To get a rough estimate of what your law firm may spend handling the case,  we must first look at what kind of case it is.

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Use Requests for Admission For Authentication of Trial Exhibits.

17 Monday Feb 2014

Posted by Celia C. Elwell, RP in Discovery, Exhibits, Requests for Admissions, Trial Tips and Techniques

≈ Comments Off on Use Requests for Admission For Authentication of Trial Exhibits.

Tags

Discovery, Evan Schaeffer, Requests for Admission, The Trial Practice Tips Blog, Trial Exhibits, Trial Tips and Techniques

Using Requests for Admission to Simplify Your Case, by Evan Schaeffer, The Trial Practice Tips Blog

http://tinyurl.com/m3y82eq

I have never understood why this is not used more frequently. It saves time and aggravation for the parties and the court, especially if you want an exhibit to be part of the record. – CCE

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Latest Ninth Circuit Decision on Rule 26 Discovery From Testifying Experts.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, Attorney Work Product, Court Rules, Court Rules, Discovery, Evidence, Expert Witness, Experts, Federal District Court Rules, Federal Rules of Evidence, Requests for Production, Rule 26, Trial Tips and Techniques

≈ Comments Off on Latest Ninth Circuit Decision on Rule 26 Discovery From Testifying Experts.

Tags

9th Circuit Court of Appeals, Chevron, Cogent Legal Blog, Court Rules, Expert Witnesses, Federal Rule 26, Michael Kelleher, Paul Hastings, Republic of Ecuador v. Mackay, Work Product Objection

Ninth Circuit Rules on Scope of Discovery from Testifying Experts, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/knvhgv2

[A] new Ninth Circuit decision about the scope of expert discovery in federal court caught our attention. The decision in Republic of Ecuador v. Mackay, No. 12-15572 (9th Cir. Jan. 31, 2014) poses the question: where the expert has served both as a confidential advisor to counsel and as a testifying expert, may counsel withhold documents shared with the expert by asserting an opinion work product objection? The short answer is no—documents from testifying experts must be produced unless protected by Federal Rule of Civil Procedure 26(b)(4).

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Legal Research and Writing Resources Worth Bookmarking.

03 Monday Feb 2014

Posted by Celia C. Elwell, RP in Clouds, Corporate Law, E-Discovery, Google, Law Office Management, Legal Technology, Legal Writing, Research

≈ Comments Off on Legal Research and Writing Resources Worth Bookmarking.

Tags

Adams Contract Drafting, Bose Law and Technology Blog, Briefly Writing, Cheryl Niemeier, Corporate Law, eDiscovery Daily, Finance, Internet for Lawyers, Law Office Management, Legal Research, Legal Research Plus, Legal Technology, LLRX, Mergers & Acquisitions, MyCase, Witnesseth

8 Great Legal Research and Writing Resources and Blogs, by Cheryl Niemeier, Bose Law and Technology Blog

http://tinyurl.com/lje3ode

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Experienced Trial Attorney Shares The Risks and Rewards Of Personal Injury Lawsuits.

03 Monday Feb 2014

Posted by Celia C. Elwell, RP in Depositions, Discovery, Expert Witness, Experts, Health Law, Law Office Management, Litigation, Medical Malpractice, Personal Injury, Trial Tips and Techniques

≈ Comments Off on Experienced Trial Attorney Shares The Risks and Rewards Of Personal Injury Lawsuits.

Tags

Butter’s Blog, Expert Witness Fees, Fortune 500, Foshee & Yaffe, Gregory H. Haubrich, Jackpot Justice, Lawyer Fees, Litigation Costs, Medical Malpractice, Personal injury lawyer, Trial Tips & Techniques

Why Lawsuits Are So Expensive, Pt. I, by Gregory H. Haubrich, Foshee & Yaffe, Butter’s Blog

http://tinyurl.com/mgq7pnl

You’d be surprised at how careful good personal injury lawyers are about what cases they take. In general the public thinks that we can take any person with any complaint and get them some of what our governor calls “jackpot justice.” In truth, the economics of our practice and the ethics of our profession require that we only take cases of serious injury that are objectively provable. We as plaintiff’s lawyers most often fund the expenses of our clients’ cases; otherwise they would not have access to the courts because court cases are expensive. However, if we invest in unsuccessful cases, the time and money we put into those cases will be lost.

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Excellent Case on Document Retention Policies and Litigation Holds.

26 Sunday Jan 2014

Posted by Celia C. Elwell, RP in E-Discovery, Hearsay, Judges, Legal Technology, Litigation, Litigation Hold, Preservation, Sanctions, Trial Tips and Techniques

≈ Comments Off on Excellent Case on Document Retention Policies and Litigation Holds.

Tags

Asbestos Insurance Coverage Litigation, Document Retention Policy, E-Discovery, Hearsay, Judge Paul Grimm, Litigation Hold, Sanctions, State of Mind Execption

No Sanctions for Following Records Retention Policy, by Joshua Gilliland, Esq., Bow Tie’s Law Blog

http://tinyurl.com/opq4t3t

It is not every day you see lawsuits about insurance policies from 1986 to 1987.

Add Judge Paul Grimm’s powerhouse footnotes and you get a great lesson in document retention policies and litigation holds (plus a great footnote on the state of mind exception to hearsay for all the evidence fans).

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Craig Ball Shows Why ESI Form Should Follow Function.

16 Thursday Jan 2014

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Emails, Legal Technology, Microsoft Office, Outlook

≈ Comments Off on Craig Ball Shows Why ESI Form Should Follow Function.

Tags

.pdf, Ball In Your Court Blog, Craig Ball, DAT, DBX, Email, EML, ESI, Family Relationships, Fielded Data, Message IDs, MHTML, MSG, NSF, OST, Outlook, PST, RTF, TIFF, TXT, UTC Offset Data

Forms that Function, by Craig Ball, Ball In Your Court

http://tinyurl.com/kgokpmd

The criterion, “Will the form produced function in an e-mail client?” enables parties to explore a broad range of functional native and near-native forms, not just PSTs.  It an objective “acid test” to determine if e-mail will be produced in a reasonably usable form; that is, a form not too far degraded from the way the data is used by the parties and witnesses in the ordinary course.

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Craig Ball Revisits Gigabytes.

15 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Computer Forensics, Databases, Discovery, E-Discovery, Excel, Legal Technology, Microsoft Office, Word

≈ Comments Off on Craig Ball Revisits Gigabytes.

Tags

Ball in Your Court, Catalyst, Computer Forensics, Craig Ball, Database, Excel, Gigabyte, John Tredennick, Word

Revisiting ‘How Many Documents in a Gigabyte?’, by Craig Ball, Ball In Your Court Blog

http://tinyurl.com/npc3jn3

[I]’m happy to point you to some notable work by my friend, John Tredennick. I’ve known John since the emerging technology was fire and watched with awe and admiration as John transitioned from old-school trial lawyer to visionary forensic technology entrepreneur running e-discovery service provider, Catalyst. John is as close to a Renaissance man as anyone I know in e-discovery, and when John speaks, I listen.

Lately, John Tredennick shared some revealing metrics on the Catalyst blog looking at the relationship between data and document volumes, an update to his 2011 article called, How Many Documents in a Gigabyte?

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Nevada Supreme Court Amends Deposition Rules.

11 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Court Rules, Depositions, Discovery, Nevada Supreme Court

≈ Comments Off on Nevada Supreme Court Amends Deposition Rules.

Tags

Compelling Discovery, Court Rules, Depositions, Michael P. Lowery, Nevada Supreme Court

Supreme Court Amends NRCP 30 & 34, by Michael P. Lowery, Compelling Discovery

http://www.compellingdiscovery.com/?p=2492

On December 19, 2013 the Supreme Court of Nevada issued an order amending NRCP 30 and 34. These amendments take effect March 1, 2014. This order in ADKT 0487 partially disposes of a multitude of proposed changes to Nevada’s discovery rules. ADKT 0487 remains open, meaning other changes are still possible in the future.

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Federal Court’s Application of the Stored Communications Act to Previously Opened Web-Based Emails.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Emails, Evidence, Legal Technology, Preservation

≈ Comments Off on Federal Court’s Application of the Stored Communications Act to Previously Opened Web-Based Emails.

Tags

Cheng v. Romo, E-Discovery, Electronic Storage, Emails, K&L Gates, Stored Communications Act

Stored Communications Act Applies to Previously Opened Web-based Emails, by K&L Gates

http://tinyurl.com/mcl4cgt

Cheng v. Romo, No. 11-10007-DJC, 2013 WL 6814691 (D. Mass. Dec. 20, 2013)

In this case, the court addressed the question of whether previously opened web-based emails were in ‘electronic storage’ as defined by the Stored Communications Act (SCA) and determined that they were.

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Everyone Knows You Never Question Your Own Witness At A Deposition, Right?

06 Monday Jan 2014

Posted by Celia C. Elwell, RP in Depositions, Direct Examination, Discovery, Evidence, Trial Tips and Techniques, Witness Preparation

≈ Comments Off on Everyone Knows You Never Question Your Own Witness At A Deposition, Right?

Tags

Above the Law (blog), Depositions, Direct Examination, Evan Schaeffer, Mark Herrmann, The Trial Tips Practice Weblog, Trial Tips and Techniques

The Need For Direct Exams Of Your Own Witnesses At Depositions, by Mark Herrmann, Above The Law Blog (with hat tip to Evan Schaeffer, The Trial Tips Practice Weblog)

http://tinyurl.com/meqbmh4

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