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Law Technology

Electronic Discovery & Evidence 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

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Court Grants Expedited Discovery Against Yahoo to Discover Identity of John Doe Defendants

Posted on May 03, 2010
In 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, 2010
TO: 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, 2010
The 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, 2010
In re Harris, 2010 Tex. App. LEXIS 2955 (Tex. App. Houston 1st Dist. Apr. 22, 2010). In this petition for...


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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, 2010
Kroll 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, 2010
Over 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, 2010
This 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, 2010
E-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, 2010
The 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, 2010
United 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, 2010
Over 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, 2010
United 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, 2010
John 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, 2010
Mack 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, 2010
MBIA 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, 2010
Recession 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, 2010
Swofford 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, 2010
In 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, 2010
Accessdata 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, 2010
The 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, 2010
Pension 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, 2010
In 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, 2010
Over 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, 2010
In 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, 2010
Case/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, 2010
Vagenos 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, 2010
Little 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, 2010
Over the last couple of years we have seen some major legal organizations position themselves to lobby for additional changes...


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