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Case Law Webcast Recap: 2012 resolutions should include exercising of infrequently used e-discovery rules

Created on January 13, 2012

Vice President, E-Discovery

As the clock struck midnight on December 31, 2011, many people made New Year's resolutions. Most of these resolutions were probably along the lines of going on a diet or working out more, but according to our distinguished panel from Exterro's webcast, “2012 E-Discovery Case Law Forecast: Hindsight is 20/20," attorneys should make 2012 resolutions to better exercise the protections and benefits of FRCP discovery rules.Judge David Waxse, Maura Grossman, Esq., Dennis Kiker, Esq., and Exterro's Bob Rohlf, Esq., presented on important trends from 2011 case law and highlighted some practical e-discovery... Read More

E-Discovery Project Management Fees included in Recoverable Costs for Prevailing Party

Created on January 5, 2012

Vice President, E-Discovery

In e-discovery, collaboration between multiple teams for tracking, monitoring and ensuring a defensible and comprehensive e-discovery process is essential. Project managers play the vital role of coordinating and managing this process so that matters stay on track and important information does not fall through the cracks. Courts are also beginning to recognize the importance of e-discovery project management, as seen in Jardin v. Datallegro, Inc. (S.D.Cal. Oct. 2011). In Jardin, it was ruled by the court that the project management costs used “exclusively to the process of converting data to .TIFF format"... Read More

E-Discovery Search Terms: What Are Reasonable E-Discovery Search Parameters?

Created on December 28, 2011

Vice President, E-Discovery

Can you guess what is wrong with the following keyword search parameters listed below for an e-discovery request? 58 predefined keywords with different searching variations (Boolean, etc.) No specific time periods or employees Inclusive of non-active and active files Inclusive of all unallocated computer space If you guessed that they create an overly broad and burdensome production request, then you are right. Amazingly, these were the search terms agreed upon between the parties in I-Med Pharma, Inc. v. Biomatrix, Inc. (D.N.J. Dec. 9, 2011). Here is what the search turned up:Total Number... Read More

Guidance from the Court: How to Adequately Preserve, Search, Collect Potentially Relevant ESI

Created on December 15, 2011

Vice President, E-Discovery

Five years after the 2006 FRCP changes, the e-discovery world is still awaiting a concrete answer on when and how to defensibly preserve potentially relevant electronically stored information (ESI). E-discovery blogs, magazines and websites have all debated whether the FRCP should be modified to clarify when the duty to preserve is triggered and what really constitutes a reasonable preservation process. However without these changes, people should look for guidance from the courts to help answer their outstanding preservation questions/concerns. In Naaco Materials Handling Group, Inc. v. Lilly Co. (W.D. Tenn. Nov. 2011)... Read More

Litigants Beware: Create Reasonable Document Requests or Else You Might Be Paying for it in the Future

Created on December 8, 2011

Vice President, E-Discovery

In legal discovery, document requests have been used as a weapon to drive up costs and/or prevent parties from pursuing further litigation. Fortunately, the ruling in Race Tires II, which awarded e-discovery costs for the prevailing party, has sent the message that those who practice such an approach are to be punished by the courts.Under FRCP 54(d)(1), “costs – other than attorney's fees – should be allowed to the prevailing party." To break down this rule: Costs = “the fees for exemplification and the costs of making copies of any materials where... Read More

How Early is Too Early to Serve Subpoenas for E-Discovery to Third Party Service Providers?

Created on December 1, 2011

Vice President, E-Discovery

In today's digital age, text messages, cell phones and email are the primary form of an average person's daily communications. Often then during tort cases, such as personal injury or wrongful action claims, these type of communication records can be vital for a party to prove or defend against liability. To safeguard and protect against the destruction of evidence, parties must take measures to ensure that potentially relevant records, including those generated on electronic communication services providers, are preserved. Questions have arisen before the courts as to when parties can serve subpoenas... Read More

Production of Social Media: Privacy and Targeted Production Requests

Created on November 10, 2011

Vice President, E-Discovery

Over the past couple years, the murky waters surrounding the discoverability of electronically stored information (ESI) created on social media sites, such as Facebook, MySpace and Twitter, have somewhat cleared. The current climate typically allows parties to seek production of evidence, including ESI created in social media, which is necessary in the defense or prosecution of a lawsuit. But what does all “necessary" evidence actually mean? Does it apply to social media information that is set as private? Are there limits on how much social media information can be requested? On October... Read More