eDiscovery News
Recent eDiscovery case news from eDiscoverylaw.com
Court Grants Plaintiff's Motion to Compel Re-Production of Particular ESI in Light of Discrepancies between Emails and Attachments, Orders Parties to Confer Regarding Request for Access to Hard Drives
Like any Ordinary Litigant, the Government Must Abide by the Federal Rules of
Civil Procedure
Destruction of Documents Pursuant to Document Retention Policy Results in Dispositive Sanctions Where Policy was Created as Part of Litigation Strategy and Thus Litigation was Reasonably Foreseeable
Despite Document Retention Policy Allowing Individual Determination for Need to Preserve, Court Orders Board to Bear Recovery Cost of Deleted Emails in Response To Records Request
Court Holds No Expectation of Privacy on Work Computer, Even for "Personal" Information
Reducing Bulk Upstream in the EDRM
Updated List: Local Rules, Forms and Guidelines of United States District Courts Addressing E-Discovery Issues
Current Listing of States That Have Enacted E-Discovery Rules
Court Denies Relief Where Party Ignored Court's Suggestions for Reducing Volume of ESI Captured by Keyword Search: "Defendants Must Now Lie in the Bed that They Have Made"
Court Orders Defendant to Re-Produce Documents Previously Produced as TIFF Images, Setting Out Three Format of Production Options
Adverse Inference and Other Sanctions Warranted for Plaintiff's Failure to Produce Damaging Emails that were Eventually Produced by Third Party
President Bush Signs into Law S. 2450, a Bill Adding New Rule 502 to the Federal
Rules of Evidence
In Digital Age, Federal Files Blip Into Oblivion
Putting E-Discovery to the Test, Again
Tough e-mail archiving laws coming soon to Canada — and how to prepare
Smoking Guns — Companies deploy monitoring software to limit e-mail risks
Court Declines to Shift Cost of Forensic Examination Necessitated by Party's Own Actions and Inaction
Public record e-mails get deleted, disappear
Public Records Lost When Government E-mails Deleted, Purged
E-discovery options increase
E-Mail Archives And Litigation: Here's How To Get It Right
Production of Email in Native Format Satisfies Fed. R. Civ. P. 34(b)(2)(E)
Plaintiff's Reformatting of Hard Drives Sought in Discovery Warrants Adverse Inference Instruction, Not Dismissal
Court Reminds Parties of Their Duty to Preserve and Enters Preservation Order
Court Orders Tennessee State Agencies to Produce Responsive ESI, Including All Metadata and Deleted Information; Reserves Ruling on Sanctions for Failure to Implement Effective Litigation Hold
Electronic Communication Among City Officials: A Valuable Tool in Need of Careful Guidance
Local Rules of United States District Courts Addressing FRCP eDiscovery Issues
Lack of "Litigation Hold" Prevents Use of FRCP Safe Harbor for E-Data Issues
Rule
37(f) Safe Harbor Provision Requires a Routine System in Place and
Some Affirmative Action by Party to Prevent System from Destroying
or Altering Information
Server
Transaction Log Files are Target of eDiscovery
Magistrate
Judge Facciola Orders Production of Email from Backup Tapes in Light
of Party's Failure to Suspend Email System's Automatic Deletion Feature
Court
Sets Out Detailed Guidelines for Discovery of ESI, Adapting "Suggested
Protocol" of the District of Maryland
Court
Defers Ruling on Motion to Compel and Allows Rule 30(b)(6) Deposition
of IT Designee Regarding Defendant's Email Deletion Policy and Procedures
for Retrieving Deleted Emails
Court
Orders Production of All Electronic Documents, Including Archived
or Backup Emails and Electronic Files, for Key Players
eDiscovery
Trends: A continuing Trend
10
Worst eDiscovery Mistakes and How to Avoid Them
Defendant
to Certify it Produced All Responsive Documents, Where Deposition
Testimony Cast Doubt on Counsel's Diligence in Monitoring Production
Efforts
Holding
that Accessible Data Must be Produced at the Cost of the Producing
Party, Court Orders Defendant to Conduct Further Email Search
Conclusory
Statements About Costs Are Insufficient to Shield Information from
Discovery Under FRCP 26(b)(2)(B)
Inadequate
Legal Hold Measures, and Resulting Spoliation, Warrant Sanctions
