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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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.” [...] Gibson Dunn has released its 2011 Mid-Year E-Discovery Update and reports that cases involving e-discovery are on the rise. In fact, e-discovery decisions have gone up by a remarkable 82% percent since mid-year 2010. Because litigation is increasingly widespread, more parties are seeking sanctions against opposing counsel for e-discovery negligence than ever before, for example [...] 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 [...] In this IP case, Return Path Inc., et al. filed a motion to tax the costs related to using CBT Flint Partners, LLC to assist with the production of 1.4 million electronic documents and 6 versions of source code. CBT Flint Partners, LLC argued that fees associated with the collection of documents for production are [...] Anne Kershaw and Joe Howie write on the Law Technology News website about the results of their survey among eDiscovery providers. The gist of their article – and it’s a good one – is that failure to deduplicate e-mails across custodians may be at best sloppy, and at worst unethical: We asked several judges to review [...] |
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