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Tag Archives: E-Discovery

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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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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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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Ralph Losey’s Top E-Discovery Case of 2013.

29 Sunday Dec 2013

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Discovery, E-Discovery, Preservation, Sanctions, Texas Supreme Court

≈ Comments Off on Ralph Losey’s Top E-Discovery Case of 2013.

Tags

E-Discovery, e-Discovery Team® Blog, Electronic discovery, ESI, Fifth Circuit Court of Appeals, Preservation, Ralph Losey, Sanctions

Announcing My Top e-Discovery Case of 2013, by Ralph Losey, e-Discovery Team® Blog

Seal for the United States Fifth Circuit court...

http://tinyurl.com/mqrqv3d

The year 2013 has been a relatively lackluster one for e-discovery case law. Then, on November 12, 2013, the Fifth Circuit Court of Appeals rendered a rare appellate order on sanctions and e-discovery abuse.

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Counsel Scalded by Federal District Court’s E-Discovery Opinion.

21 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Cell Phones, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Litigation Hold, Requests for Production, Sanctions, Sanctions, Trial Tips and Techniques

≈ Comments Off on Counsel Scalded by Federal District Court’s E-Discovery Opinion.

Tags

E-Discovery, Electronic discovery, Gareth Evans, Gibson Dunn, Judge David Herndon, Law Technology News, Mobile Phones, Sanctions, Text Messages, United States District Court for the Southern District of Illinois

Perils of E-Discovery Reflected in Sanctions Opinion, by Gareth Evans, a litigation partner at Gibson Dunn, Law Technology News

http://tinyurl.com/kcksw5v

Lest anyone think that hair-raising e-discovery sanctions opinions are a thing of the past, U.S. District Judge David Herndon of the Southern District of Illinois issued a blistering 51-page opinion (PDF) imposing nearly $1 million in punitive sanctions on the defendants in In re Pradaxa Products Liability Litigation on Dec. 9, 2013, and indicated that more sanctions are almost certainly on the way.

The case is an example of how electronic data discovery generally, and implementing legal holds in particular, can be fraught with peril.

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Court Questions Party’s Unexplained Lack Of Cooperation In E- Discovery Production.

13 Friday Dec 2013

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Intellectual Property, Requests for Production, Trial Tips and Techniques

≈ Comments Off on Court Questions Party’s Unexplained Lack Of Cooperation In E- Discovery Production.

Tags

Algorithm, Biomet, Discovery, E-Discovery, K&L Gates, Keyword Searching, Predictive Coding, Request for Production, Sedona Conference, Seed Set, Steering Committee

Court Declines to Compel Identification of Seed Set, Encourages Cooperation, published by K&L Gates

http://tinyurl.com/leagmr6

In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391, 2013 WL 6405156 (N.D. Ind. Aug, 21, 2013).

Previously in this case, the court ruled that Biomet need not start again on its document production for which it utilized both keyword searching and predictive coding.  (See summary here.)  In this opinion, the court addressed the Steering Committee’s request that the discoverable documents used in Biomet’s seed set be identified and declined to compel such identification.  Despite this, the court noted Biomet’s ‘unexplained lack of cooperation’and urged Biomet to ‘re-think its refusal.’

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Was It Appropriate to Produce Word Documents as PDF Files?

06 Friday Dec 2013

Posted by Celia C. Elwell, RP in Adobe Acrobat, E-Discovery, Federal District Court Rules, Legal Technology, Metadata, Native Format, Requests for Production, Trial Tips and Techniques, Word

≈ Comments Off on Was It Appropriate to Produce Word Documents as PDF Files?

Tags

.pdf, Bow Tie Law Blog, E-Discovery, Joshua Gilliland, Magistrate Judge William Hussmann, Microsoft Word, Native Files, Request for Production

Who Knew What When About the Form of Production, by Joshua Gilliland, Esq., Bow Tie Law Blog

http://bowtielaw.wordpress.com/2013/12/06/who-knew-what-when-about-the-form-of-production/

Magistrate Judge William Hussmann put a new spin on form of production analysis in Crissen v. Gupta: What form was discovery in and when was it in that form?

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Craig Ball Answers His Mail.

06 Friday Dec 2013

Posted by Celia C. Elwell, RP in E-Discovery, Emails, Evidence, Forensic Evidence, Legal Technology, Metadata, Trial Tips and Techniques

≈ Comments Off on Craig Ball Answers His Mail.

Tags

Ball in Your Court, Craig Ball, E-Discovery, Email, ESI, Evidence, Metadata, Native Format

Good Questions!, by Craig Ball, Ball in Your Court Blog

http://ballinyourcourt.wordpress.com/2013/12/06/good-questions/

As always, Craig Ball delivers. Great answers to e-discovery terminology and best practices. -CCE

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When You Want Fast and Cheap, Adobe Acrobat Does the Trick in a Pinch.

24 Sunday Nov 2013

Posted by Celia C. Elwell, RP in Adobe Acrobat, Databases, Discovery, E-Discovery, Emails, Evidence, Legal Technology, Pre-Trial, Trial Tips and Techniques

≈ Comments Off on When You Want Fast and Cheap, Adobe Acrobat Does the Trick in a Pinch.

Tags

Adobe Acrobat, Ball In Your Court Blog, Craig Ball, Discovery, E-Discovery, Emails

Acrobat to the Rescue: Searching Unsearchable Productions, by Craig Ball, Ball In Your Court Blog

http://tinyurl.com/paxgrfn

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Court Says E-Discovery Search is “Easier Said Than Done”

17 Sunday Nov 2013

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Trial Tips and Techniques

≈ Comments Off on Court Says E-Discovery Search is “Easier Said Than Done”

Tags

BowTie Blog, Discovery, E-Discovery, ESI, Joshua Gilliland, Judge William Orrick

Triangulating Discovery Productions, by Joshua Gilliland, Esq., BowTie Blog

http://tinyurl.com/key6ugd

 Judge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct. 4, 2013).

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Email Preservation of Gmail Can be Tricky and Tedious, But Not Difficult.

17 Sunday Nov 2013

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Emails, Evidence, Trial Tips and Techniques

≈ Comments Off on Email Preservation of Gmail Can be Tricky and Tedious, But Not Difficult.

Tags

Ball in Your Court, Craig Ball, Discovery, E-Discovery, Evidence

Collecting Gmail for Preservation, by Craig Ball, Ball in Your Court BlogExquisite-gmail red

http://tinyurl.com/mcynpsl

As Mr. Ball points out in this excerpt below, Gmail preservation is tedious, but not difficult:

[T]hough collecting and validating the complete contents of a Gmail account can be tricky and tedious, it’s not all that difficult to do.  Happily, unless you do something really dumb, it’s unlikely that even a botched Gmail collection effort will harm the contents of the account.

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Where Plaintiff Knew Likelihood of Possible Litigation, Magistrate Judge Sanctions Plaintiff for Inexcusable Failure to Issue Litigation Hold.

09 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Contract Law, Discovery, E-Discovery, Litigation Hold, Sanctions, Trial Tips and Techniques

≈ Comments Off on Where Plaintiff Knew Likelihood of Possible Litigation, Magistrate Judge Sanctions Plaintiff for Inexcusable Failure to Issue Litigation Hold.

Tags

2nd Circuit Court of Appeals, Discovery, E-Discovery, Legal Hold, Legal Pro Blog, Sam's Club, Sanctions

Law, Justice, Legislative, Legal force, Force ...

Plaintiff in Diaper Lawsuit Hit with Adverse Inference to Remedy Spoliation from Failure to Issue Legal Hold, by Legal Pro Blog

http://bit.ly/1hoswqk

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A Discussion of the Burdens of Preserving E-Discovery

27 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, E-Discovery, Federal District Court Rules

≈ Comments Off on A Discussion of the Burdens of Preserving E-Discovery

Tags

Brian H. Pandya, Discovery, E-Discovery, Proposed Court Rules

E-Discovery: Relieving The Burdens Of Preservation, The Editor interviews Brian H. Pandya, Partner, Wiley Rein LLP, The Metropolitan Corporate Counsel
http://bit.ly/1c5fVG3

Please take particular note the linked articles on e-discovery at the end of the interview. CCE

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AHIMA Concerned About Proposed E-Discovery Rule Changes

27 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, E-Discovery, Health Law

≈ Comments Off on AHIMA Concerned About Proposed E-Discovery Rule Changes

Tags

AHIMA, Discovery, E-Discovery, Health Law, Proposed Court Rules

AHIMA Comments on Proposed Changes to Federal E-Discovery Rules,iHealthBeat
http://bit.ly/1aO1nVV

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Ralph Losey’s Simplified Version of the Proposed Federal E-Discovery Rules Changes

27 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, E-Discovery, Federal District Court Rules

≈ Comments Off on Ralph Losey’s Simplified Version of the Proposed Federal E-Discovery Rules Changes

Tags

E-Discovery, Evidence, Proposed Federal Rules, Ralph Losey

Proposed Rules, by Ralph Losey, e-Discovery Team ®
http://e-discoveryteam.com/proposed/

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Spring 2013 Case Law Update on E-Discovery Self-Collection – When It’s Okay, When It’s Not, and the Potential Risks

27 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Court Rules, Databases, Discovery, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Sanctions

≈ Comments Off on Spring 2013 Case Law Update on E-Discovery Self-Collection – When It’s Okay, When It’s Not, and the Potential Risks

Tags

Case Law, E-Discovery, Emails, Evidence, Sanctions, Spoliation

Self-Collection: The Good, The Bad and The Ugly, by Tony Merlino, DTI
http://dtiglobal.com/resources/articles/spring-2013-case-law-update/

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Proposed Federal Rules Narrow Discovery and Spur Cooperation Between the Parties

24 Thursday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, E-Discovery, Evidence, Requests for Production, Trial Tips and Techniques

≈ Comments Off on Proposed Federal Rules Narrow Discovery and Spur Cooperation Between the Parties

Tags

Discovery, Duke Rules, E-Discovery, Federal Rules of Civil Procedure

The Duke Rules Ahead: Part 1 Rule Amendments Will Narrow Discovery and Spur Cooperation, by James Kurz, EDVAUpdate, Redmon, Peyton & Braswell, LLP
http://bit.ly/1c1gVH4

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E-Discovery and the Zamundan Royal Bottom Wipers

20 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Discovery, E-Discovery

≈ Comments Off on E-Discovery and the Zamundan Royal Bottom Wipers

Tags

Ball in Your Court, Craig Ball, Discovery, E-Discovery

craigball's avatarBall in your Court

toilet paper moneyI’m on a crusade to underscore the need for lawyer competence in that crucial “e” that precedes “e-discovery.”  It’s no longer enough to understand the law in isolation; today’s lawyer must understand some fundamentals of information technology and electronic evidence.  My efforts often prove quixotic, as everywhere I’m met with the attitude that electronic discovery isn’t a lawyer’s concern:  “It’s something you hire people to do,” they say.

Certainly, we must hire people to do things we cannot possibly do.  But I contend that we hire people to do many things we could learn to do ourselves, and do economically.  Remember Eddie Murphy’s royal backside wipers in Coming to America? All it takes is money to burn; and if it’s someone else’s money, who really cares?

But at what point do lawyers outsource themselves into superfluity?  Clients can hire vendors.  Bigger clients can and should bring much of…

View original post 1,024 more words

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A Better Way to Request E-Discovery in Requests for Production

19 Saturday Oct 2013

Posted by Celia C. Elwell, RP in Databases, Discovery, E-Discovery, Metadata, Requests for Production

≈ Comments Off on A Better Way to Request E-Discovery in Requests for Production

Tags

Craig Ball, Databases, Discovery, E-Discovery, ESI, Metadata, Requests for Production

Can We Craft Discovery as Up-to-Date as the Evidence?, by Craig Ball, Ball in Your Court
http://bit.ly/14IZFAz

(Please note the reference to Craig Ball’s article entitled, The Streetlight Effect in E-Discovery, at p. 252 of this collection of articles.)

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