The group Lawyers for Civil Justice published their opinions on current attempts at e-discovery reform and did not hold back their frustration. LCJ insists that the scope of required discovery must be greatly narrowed in order to start solving today’s extensive discovery problems. The Girard Proposals have proffered certain amendments, but for LCJ these changes [...]
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Lindsay Stevens’ recent presentation at the Virtual Corporate Counsel Forum mentioned the importance of sampling to validate the e-Discovery processes starting from collection and data targeting through the review stages. If you would like to know more about statistical sampling, particularly in reference to e-Discovery check out some of the guides provided by litigation organizations [...] As we mentioned in our September 9th BLLAWG, the Civil Rules Advisory Committee had a mini-conference in Dallas to discuss changes to data preservation rules. The current standards are very vague and tend to vary, and as electronic evidence gains importance there is an increasing need to make sure no crucial information is “thrown away.” [...] In Thorncreek Apartments III, LLC v. Village of Park Forest (N.D. Ill. Aug. 9, 2011), the Northern District of Illinois concluded that a litigant had been negligent throughout the discovery process of a case and as a result waived privilege on inadvertently produced documents. In this particular case, the defendant failed to check the documents [...] The New York Supreme Court considered aspects of discovery of a hard drive for a recent marital dispute. In this opinion, the Court surpassed mere decision and instead, also outlined strict guidelines to be followed in connection to discovery of the hard drive. On February 4, 2010, plaintiff Sarah Schreiber requested that a hard drive of [...] In this case, the District Court considered Lexington Insurance Company’s motion for sanctions and reviewed the magistrate judge’s previous recommendation of dismissal sanctions and reimbursement costs. Bray & Gillespie Management, LLC, after it was discovered that it failed to produce records, claimed it was unaware of an automatic function of the business’s computerized account management [...] |
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