Blog Archives

How Will Proposed Changes to Federal e-Discover Rules Affect Your Practice?

The Federal Rules of Civil Procedure (Rules) may change the case management, scope, and sanctions related to e-discovery in federal courts, starting in late 2015. Proposed changes seek to encourage early and active case management, ensure proportionality in e-discovery, and advance

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Posted in Articles, cooperation, eDiscovery, Federal, management, preservation, Procedure, proportionality, Public, rules, Sanctions

U.S. District Court for the Northern District of California Adopts New Electronic Discovery Guidelines Effective November 27, 2012

by Terri A. Thomas The U.S. District Court for the Northern District of California unanimously adopted new guidelines regarding the discovery of electronically stored information (“ESI”). The guidelines are tools “designed to promote cooperative e-discovery planning . . . that is tailored and proportionate to

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Posted in Articles, eDiscovery, electronically stored information, ESI

Judge Orders Parties to Keep it “Kleen”

            The first rule of successful lawyering is that one must be a zealous advocate for his or her client. While this mantra is essential to best practice, it should not be followed to the exclusion of traditional trial etiquette. This was

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Posted in Articles, Class action, coding, discovery request, eDiscovery, predictive, production, proportionality

Pennsylvania Supreme Court to Address Admissibility of Text Messages as Evidence

 This piece was first published on the blog From the Sidebar and is reprinted with permission. By Hayes Hunt and Michael Zabel Today, oral argument will be heard in Commonwealth v. Koch, a case in which the Pennsylvania Supreme Court is

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Posted in admissibility, admissible, Articles, cell phone, cellular phone, eDiscovery, electronic communication, evidence, instant messages, text messages

Pennsylvania Announces E-Discovery Amendments to Rules of Civil Procedure

          Pennsylvania recently adopted amendments to its Rules of Civil Procedure that govern e-discovery practice in the Commonwealth. Although the amendments to Rules 4009 and 4011 (requests for production and the scope of discovery, respectively) use the federal term “electronically stored

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Posted in Articles, eDiscovery, electronically stored information, pennsylvania, proportionality, rules

Flattened By Race Tires: The Third Circuit Limits What Types of E-Discovery Costs Are Recoverable by a Prevailing Party

On March 16, 2012, in Race Tires America, Inc. v. Hoosier Racing Tire Corp. et al.,[1] the U.S. Court of Appeals for the Third Circuit adopted a conservative view of the types of e-discovery costs recoverable by a prevailing party

Posted in Articles, costs, e-discovery consultants, e-discovery costs, e-discovery plan, eDiscovery, electronic communication, electronically stored information, ESI, exemplification, Race Tires, recovery of e-discovery costs

Discovery in the Age of Cloud Computing

 During the last decade, individuals and business have changed the way they manage their data by moving this data management offsite – otherwise known as cloud computing. This differs from the old model of information management that, more or less, mirrored

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Posted in Articles, Cloud, eDiscovery, ESI, new media

Citing its Inherent Authority to Sanction, Court Grants Motion for Sanctions Against Non-Party

It is pretty rare for a court to sanction a non-party, but in Amerisource Corp. v. Rx USA Int’l Inc., et al.,2010 U.S. Dist. LEXIS 67108 (July 6. 2010), that is exactly what the Eastern District of New York decided

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Posted in Amerisource v. RxUSA, eDiscovery, FRCP 37, non-party sanctions, Sanctions

Cloud Computing: A Brief Overview

In the eDiscovery context, there are quite a few unusual terms thrown around: “Web 2.0,” “De-Duplicating,” “Non-native data” to name but a few. One concept that has been blogged about for years, but is still relatively confusing is “Cloud Computing.”

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Posted in Articles, eDiscovery, electronically stored information
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