Home -> Law Blog Directory -> Patent Law Blogs -> Philip Brooks’ Patent Infringement Updates
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Patent Law
: Philip Brooks’ Patent Infringement UpdatesA Few Federal Judges are Creating New e-Discovery Rules
By Philip Brooks
As a follow-up to my July 2, 2008 post, you might find the article titled, "Rockin' Out the E-Law" by Jason Krause in the July 2008 print issue of the ABA Journal of interest.
E-discovery consultant Mary Mack of the Portland, Ore.-based consulting firm Fios says judges who are ruling on the finer points of e-discovery are going to have an outsize influence for a long time.
?The law of e-discovery has largely been driven by a handful of federal judges who realized early on [that] electronic evidence was going to be a big issue in their courtrooms,? she says. ?Fortunately, some of them have tackled it aggressively and have given guidance to a lot of other courts and judges.?
When new amendments to the Federal Rules of Civil Procedure for handling electronically stored information went into effect on Dec. 1, 2007, discovery was supposed to become easier to manage. Before the new rules were put in place, it was left up to judges to rule on how to handle digital evidence in court?a problem so thorny it often took hundreds of pages in opinions to sort it out.
But even with the new rules, many massive opinions continue to be written on the e-discovery issue. And jurists like Waxse [Magistrate Judge David J. Waxse of the U.S. District Court in Kansas], whom Mack describes as one of the more colorful judges around, are gathering an intense following.
...Facciola [Magistrate Judge John M. Facciola with the U.S. District Court in Washington, D.C.] delved into one of the thorniest problems of e-discovery?how a court should consider the search terms and technology used to find electronic records. He called it ?a complicated question involving the interplay, at least, of the sciences of computer technology, statistics and linguistics.? Facciola argued that electronic discovery is now too technical and complex for attorneys to assess adequately, and that experts may be necessary to determine whether an e-discovery search is adequate.
Read the full article here.
Full post as published by Philip Brooks’ Patent Infringement Updates on July 09, 2008 (boomark / email).
Discouraging Union Organizers
Strict work place rules
Women and the Law
Women in the Justice System (judges, attorneys)
Privacy Protection Act 42 USC 21A
Federal Newsroom Law
Federal Adoption Tax Credit
Financial Incentive for Adoptive Parents
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
VA Sets New Benefit Rules for Agent Orange-Related Ilnesses
Agent Orange-Related Ilnesses VA Sets New Benefit Rules
Pennsylvania Juvenille Detention
Judges Face Class Action
Taylor Bean Faces Federal WARN Class Action
Taylor Bean Federal Employment Class Action Filed
Arrow Trucking Hit with Federal Lawsuit by Employees
Arrow Trucking Hit with Federal Lawsuit by Employees
California Talent Agency, Be Productions, Faces Federal Class Action
California Talent Agency, Be Productions, Faces Federal Class Action
Parents Bring Federal Lawsuit After Tainted Baby Formula Injures Newborn
Parents Bring Federal Lawsuit After Tainted Baby Formula Injures Newborn

California Discovery Motions -- This Just In: Judges and Attorneys Have to Follow the Law
Electronic Discovery: Reading Up on the Federal Rules
"Electronic Discovery: Reading Up on the Federal Rules"
Financial Firms Still Coming to Grips With E-Discovery
E-Discovery Rules Proposed in California








