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Electronic Discovery & Evidence 

A daily digest of cases, comments and other matters relating to electronic discovery and electronic evidence.
Post Frequency: 0.7/day Last Entry: March 08, 2011 at 11:07:00 Recent Entries: 142
Go to Electronic Discovery & Evidence, find other Law Technology blogs, or browse all law blogs.
Court Grants Expedited Discovery Against Yahoo to Discover Identity of John Doe Defendants
Posted on May 03, 2010In this case, the Court granted expedited discovery pursuant to FRCP 26(f) against Yahoo to determine the identities of John...
Event: eDiscovery Today and Tomorrow - The Issues, Challenges and Solutions
Posted on April 27, 2010TO: Government litigation support managers, paralegals, attorneys and IT managers - Washington DC and Local, State and County government employees...
Judge Facciola Orders Party Who Degraded ESI to a Nonsearchable Format to Reproduce in a Searchable, Usable Format
Posted on April 27, 2010The Court ordered the producing party to reproduce ESI that had been degraded to a nonsearchable format to be produced...
Texas Appeals Court Finds Lower Court's Order to Turn Over Hard Drive Improper
Posted on April 26, 2010In re Harris, 2010 Tex. App. LEXIS 2955 (Tex. App. Houston 1st Dist. Apr. 22, 2010). In this petition for...
Twitter Digital Archive
Posted on April 15, 2010"How Tweet It Is!: Library Acquires Entire Twitter Archive. "Have you ever sent out a ?tweet? on the popular Twitter...
Court Denies Change of Venue Request for Law Firm Against eDiscovery Vendor Kroll
Posted on April 14, 2010Kroll Ontrack, Inc. v. Jacobowitz & Gubits,LLP, 2010 U.S. Dist. LEXIS 35657, 3-4 (D. Minn. Apr. 12, 2010). In this...
District Court Revisits Qualcomm and Declines to Issue Sanctions - Legal Hold Lessons Learned.
Posted on April 12, 2010Over two years ago the magistrate in the Qualcomm decision rocked the ediscovery world by imposing over $8,500,000 in sanctions...
Leave No Trace: How to Completely Erase Your Hard Drives, SSDs and Thumb Drives
Posted on April 05, 2010This is an important article on ensuring electronic client files are properly erased from storage media. It provides a comparison...
Arkfeld's Free Live eDiscovery CLE Webcast - This Wednesday
Posted on March 22, 2010E-Discovery and Evidence Best Practices I. Change: The "Disconnect" and Its Consequences II. Understanding Information Technology III. ESI Discovery -...
Important eDiscovery Sanction Decision - Rimkus Consulting Group, Inc. v. Cammarata
Posted on March 16, 2010The Honorable Lee H. Rosenthal, one of the drafters of the ediscovery federal amendments, has written a noteworthy ediscovery decision...
ESI Non-Preservation Agreement - Form
Posted on March 15, 2010United States v. La. Generating LLC, 2010 U.S. Dist. LEXIS 20207, 2-3 (M.D. La. Mar. 5, 2010). For a copy...
New! Legal Software Directory - Enter Your Company's Software Products Now
Posted on March 02, 2010Over the last several years I have been repeatedly contacted by attorneys, paralegals and other legal professionals to refer them...
Webinar: Michael Arkfeld on Litigation Holds: Understanding Judge Scheindlin's Pension Committee Decision
Posted on February 22, 2010United States District Court Judge Shira Scheindlin set the gold standard for litigation holds six years ago with the Zubulake...
A Look Back - Lessons Still Valid - Government Agency
Posted on February 17, 2010John B. v. Goetz, 2010 U.S. Dist. LEXIS 8821 (M.D. Tenn. Jan. 28, 2010). The Court on Janauary 27, 2010,...
Court Orders Producing Party to "Unlock" PDF Since Not in a "Reasonably Usable" Form
Posted on February 15, 2010Mack v. HH Gregg, Inc., 2010 U.S. Dist. LEXIS 8281 (S.D. Ind. Jan. 29, 2010). In this contractual action, the...
New York State Rules that Electronic Discovery Production Costs Must Be Borne by Producing Party
Posted on February 12, 2010MBIA Ins. Corp. v Countrywide Home Loans, Inc., 2010 NY Slip Op 50199U, 10 (N.Y. Sup. Ct. Jan. 14, 2010)....
An E-Discovery Evening - ASU Law School - February 11, 2010
Posted on February 09, 2010Recession Proof Event - for a cost of $55.00 for non-ABA members and $30.00 for ABA members - see and...
"Wake up Call" for In-house Counsel - Sanctions Issued - Failure to Preserve and Legal Hold
Posted on February 01, 2010Swofford v. Eslinger, No. 08-00066, 2009 U.S. Dist. LEXIS 111064 (M.D. Fla. Sept. 28, 2009). In this case involving a...
Court Commends Attorneys for Cutting the Cost of ESI Privilege Review
Posted on January 30, 2010In re Rail Freight Fuel Surcharge Antitrust Litig., 2009 U.S. Dist. LEXIS 99187, at *40-41 (D.D.C. Oct. 23, 2009). In...
Court Orders Disclosure of German ESI Overruling Objections Based on German Law and Hague Convention
Posted on January 23, 2010Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010). In this breach of...
2009 e-Discovery Technology Trends
Posted on January 22, 2010"IT professionals should be aware of a rather nasty new trend. Customer, citizen and employee relationship databases were the most...
Extra! Extra! - Amended Opinion - Seminal Decision: Judge Scheindlin's Analysis and Imposition of Sanctions for Failing to Properly Implement Litigation Hold
Posted on January 20, 2010The Honorable Shira A. Scheindlin, who authored the landmark Pension Committee decision issued an amended opinion. To view the corrections...
Failure to Issue a Written Litigation Hold Constitutes Gross Negligence
Posted on January 15, 2010Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Secs, No. CIV. 05-9016, 2010 U.S. Dist....
Seminal Decision: Judge Scheindlin's Analysis and Imposition of Sanctions for Failing to Properly Implement Litigation Hold
Posted on January 13, 2010In this instructive eighty seven (87) page opinion the Court reviews and integrates several important ediscovery legal issues and fashions...
eDiscovery Practice Forms - Subscribe Now and Get 24/7 Access to Practice Forms, Checklists, Questions and Other Resources
Posted on January 11, 2010Over a hundred and twenty forms are available here to meet all your eDiscovery needs. Locate the form you need...
Court Finds $834,285 to Process ESI Extravagant and Not Credible and Issues Sanctions
Posted on January 08, 2010In a must read decision, the Court in a well-written opinion chastised and awarded attorney fees and costs against the...
Medical Defendants Objections Based on Confidentiality and HIPPA Denied
Posted on January 08, 2010Case/Rule Name: Cornwell v. N. Ohio Surgical Ctr., Ltd., 2009 Ohio 6975, at *40 (Ohio Ct. App., Erie County Dec....
Adverse Inference Imposed for Failure to Preserve One Voicemail
Posted on January 07, 2010Vagenos v. LDG Fin. Servs., LLC, 2009 U.S. Dist. LEXIS 121490, 2-7 (E.D.N.Y. Dec. 31, 2009). In this Fair Debt...
Eighth Circuit Refuses to Require District Court to Tax ESI Costs
Posted on January 06, 2010Little Rock Cardiology Clinic PA v. Baptist Health, 2009 U.S. App. LEXIS 28498 (8th Cir. Ark. Dec. 29, 2009). The...
Amend the Federal eDiscovery Rules Again?
Posted on January 06, 2010Over the last couple of years we have seen some major legal organizations position themselves to lobby for additional changes...
Previous | Next
Thinking About Destroying that Computer That Contains Damaging Evidence? Think Again.
We are squarely in the age of electronic discovery, and courts hav...
Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
The photo was taken by a fellow employee who lives in an adjacent house. The photo was circulated throughout the company we both work for, including management. The photo allegedly shows drug activity. Management as well
The employee keeping illegal watch on you is liable for police action initiated ...
What kind of compensation should I expect for taking a bite out of a sandwich that had a used bandaid in it?
Whose Insurance Company? Not the vendor's. Don't trust the Vendor'...
How can a sexual harrasment case be dismissed even with evidence?
American law has very strict evidence requirements that are intended to insure t...
My aunt can no longer take care of herself, my mother would like to take her back to florida with her, but my aunt has a car an condo and other things take need to be taken care of, and there is evidence of another famil
You have to petition the probate court in her state and county to file as legal ...

Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
The photo was taken by a fellow employee who lives in an adjacent house. The photo was circulated throughout the company we both work for, including management. The photo allegedly shows drug activity. Management as well
The employee keeping illegal watch on you is liable for police action initiated ...
What kind of compensation should I expect for taking a bite out of a sandwich that had a used bandaid in it?
Whose Insurance Company? Not the vendor's. Don't trust the Vendor'...
How can a sexual harrasment case be dismissed even with evidence?
American law has very strict evidence requirements that are intended to insure t...
My aunt can no longer take care of herself, my mother would like to take her back to florida with her, but my aunt has a car an condo and other things take need to be taken care of, and there is evidence of another famil
You have to petition the probate court in her state and county to file as legal ...








