E-Discovery

Avoiding Judicial Resolution (E-Discovery)

You face sanctions if you don’t meet and confer in good faith. The courts expect you to settle most disputes with cooperation. If you don’t come to the meet-and-confer session ready to work with your opponent, you can lose your case. You can agree to protocols that are costly yet might not protect information you […]

Determining the Scope of Accessibility (E-Discovery)

The drafters of the Federal Rules of Civil Procedure (FRCP) provided that practical limits should be placed on discovery. Any nonprivileged matter that is relevant to your claim or defense is subject to discovery; but you may not have to submit it to the court if you reasonably calculate it may lead to the discovery […]

Getting Help (E-Discovery)

Electronic discovery-related services have become a cottage industry. Vendors offer solutions to lawyers and companies alike. Outside vendors might serve as document depositories (as discussed earlier) and consultants, or provide a wide range of search and other e-discovery solutions. Many law firms either do not have a dedicated e-discovery group or do not have the […]

Educating the Court about Your ESI (E-Discovery)

The court is responsible for overseeing your conduct — and your opposing party’s conduct, as well — during the course of your case. The court rules on the admissibility of evidence, may sanction you or grant summary judgment on your pleadings, and can even take the case out of the jury’s hands. The importance of […]

Preparing for Complex Litigation (E-Discovery)

Quite possibly, the outcome of a case might be determined by one e-mail. Finding that one e-mail might be like finding the proverbial “needle in a haystack” because that one e-mail might be among hundreds of thousands of documents relevant to the case. In fact, it might not be found at all. There is also […]

Exploring the Role of the Judge (E-Discovery)

The judge can play an active or passive role in e-discovery. Judges differ on the exact nature of the involvement a judge should have. Some prefer to be a bystander unless you ask for their intervention. Others see themselves as part of the process from the initial conference. Judges have little patience if you procrastinate. […]

e-Discovery for Large-Scale and Complex Litigation

In This Topic Getting ready for complex litigation • Using ESI to win your case Informing the judge of your ESI issues Going to court for e-discovery resolution Assessing accessibility Bringing in others The expediential growth of ESI has been a nightmare for some and a boon for others. Companies are now faced with the […]

Examining Unsettled and Unsettling Issues (E-Discovery)

The court system is so swamped with e-discovery matters that you may find going to trial is too expensive for what your case is worth. Some of the expense is due to judges who fail to control excessive and expensive e-discovery. In an effort to control costs, judges look to the Federal Rules of Civil […]

Getting an A+ in Compliance (E-Discovery)

When you’re producing ESI, you must comply with the rule (specifically with FRCP 34(b)(2)(E)(i)) that deals with producing documents in the usual course of business. You show compliance with that rule by Providing information about where the documents were maintained Identifying who maintained the documents Identifying the sources of the information When you have to […]

Viewing e-Discovery Law from the Bench

In This Topic Judging issues still not settled Analyzing the role of the judge Rules applicable to discovery are nothing new. What is new is the format of the information sought. The explosion of electronic information has led to an expanding and still-developing area of discovery law. The courts are often faced with the dilemma […]

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