E-DISCOVERY

John M. Barkett, E-Discovery for Arbitrators, 1 Disp. Res. Int’l J. 129 (2007)

Date 12/31/2007.

The Journal of Dispute Resolution Section of the International Bar Association   From the Article: “No citation is required to establish the principle that throughout the world today most information is stored electronically.  It is no surprise, therefore, that everyone involved with dispute resolution – whether within a judicial system or arbitration – has an […]

George L. Paul and Jason R. Baron, Information Inflation: Can the Legal System Adapt?

Date 12/31/2007.

13 Rich. J.L. & Tech. 10 (2007), available at http://law.richmond.edu/jolt/v13i3/article10.pdf From the Article: “…from this point forward lawyers must embrace creative, technological approaches to grappling with knowledge management as information inflation continues apace. Failure to do so will severely hamper the legal profession’s ability to meaningfully retrieve and process evidence. All this equates to perhaps the […]

The Sedona Principles: Second Edition, Best Practices Recommendations & Principles for Addressing Electronic Document Production

Date 06/30/2007.

From the Introduction: “This revised edition of The Sedona Principles seeks to synthesize the current and best thinking from the case law and the amended Federal Rules to provide practical standards for modern discovery.”   Related Document: The Sedona Principles: 2005 Edition, Best Practices Recommendations & Principles for Addressing Electronic Document Production   The full text can […]

Thomas Y. Allman, Rule 37(f) Meets Its Critics: The Justification for A Limited Safe Harbor for ESI, 5 NW. J. Tech. & Intell. Prop. 1 (2006)

Date 12/31/2006.

From the Article’s Conclusion: “Rule 37(f) represents a carefully considered policy judgment reconciling two sometimes competing policy considerations: the need for preservation of potentially responsive ESI for use in litigation and the need to minimize the unnecessary intrusion into productive use of the systems involved. Its impact is carefully targeted and depends upon court endorsement, […]

Maria Perez Crist, Preserving the Duty to Preserve: The Increasing Vulnerability of Electronic Information, 58 S.C. L. Rev. 7 (2006)

Date 12/31/2006.

From the Article’s Conclusion: “Litigants and their attorneys must be proactive in how issues related to electronic discovery are handled. Being proactive does not mean cluttering the courts with automatic filings for preservation orders; it does mean, however, using the existing procedural framework to understand the capabilities and the limits of an opposing party’s computing […]

Lee H. Rosenthal, A Few Thoughts on Electronic Discovery After December 1, 2006, 116 Yale L.J. Pocket Part 167 (2006)

Date 12/31/2006.

From the Article’s Conclusion: “For the lawyers, the problem is to engage and educate the judges about how the parties’ computer systems may affect discovery limits and obligations. For the judges, the problem is to supervise in an effective way that does not impose unrealistic and unduly burdensome demands on the lawyers and litigants. The […]

Conference of Chief Justices, Guidelines for State Trial Courts Regarding Discovery of Electronically Stored Information

Date 08/31/2006.

The Conference of Chief Justices established a working group in 2004 to: “develop a reference document to assist state courts in considering issues related to electronic discovery…These Guidelines are intended to help reduce…uncertainty in state court litigation by assisting judge faced by a dispute over e-discovery in identify the issues and determining the decision-making factors […]

Consol. Aluminum Corp. v. Alcoa, Inc., 244 F.R.D. 335 (M.D. La. 2006)

Date 07/19/2006.

In an action concerning environmental cleanup responsibilities, the plaintiff [Consolidated] contended that the defendant’s designation of only four employees to maintain a litigation hold was inadequate. Considering the lack of precedent within the Fifth Circuit as to standards for preservation of electronic evidence and sanctions for spoliation of electronic evidence, the Court held that plaintiff […]