Welcome to DiscoveryResources.org, where you will find the most up-to-date information, resources and news available about electronic discovery. Given the rapidly increasing importance of electronic evidence in litigation, DiscoveryResources.org offers much needed resources for legal professionals who seek to understand the many new technological and legal challenges associated with electronic discovery.
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- Court Finds No Spoliation as to Documents Produced from Backup Tapes because "Documents Were Never in Fact Destroyed"
- In "'David-And-Goliath-Like' Struggle for Electronic Discovery", Court Orders Adverse Inference, Monetary Sanctions for Spoliation and Delay
- Despite Negligent Preservation, Failure to Establish Relevance of Lost Emails Results in Denial of Motion for Sanctions
- Court Compels Production of Relevant Content from Social Networking Sites
(news from K & L Gates)
Facebook and Emotional Distress Claims
August 31st, 2010
I am emotionally distressed over being wrong, very wrong last month when I suggested that Eric Meyer had stepped over the proportionality line in my blog post on Social Media, Permanent Records and Ediscovery. (Register here for the Fios webcast Social Media, Permanent Records and Ediscovery, taking Social Media through the EDRM.)
Eric Meyer has written a comprehensive article on how to obtain social media evidence for The Legal Intelligencer. He goes a little far afield in the age of proportionality to suggest:
So, as part of discovery, an employer should consider requesting:
All online profiles, postings, messages (including, without limitation,
continue…
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Google’s Schmidt recommends teens escape their permanent record
August 18th, 2010
Our (Fios‘) webcast on Social Media, Permanent Records and eDiscovery is on September 1. Register here.
I thought I might be a bit hyperbolic with the title. Tonight I read a report by Portland’s own Marshall Kirkpatrick on ReadWriteWeb that Google CEO Eric Schmidt recommends that when teens come of age, they have an opportunity to change their names to shed the online identity they have created.
From ReadWriteWeb:
This weekend The Wall St. Journal ran an interview with Schmidt that offered tidbits like that on a wide range of topics. One statement in particular, that
continue…
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New Jersey, Attorney-Client Privilege and Personal Emails
April 1st, 2010
The New Jersey Supreme Court held on March 30, 2010 that an employee could “reasonably expect that e-mail communications with her attorney through her personal account would remain private, and that sending and receiving them via a company laptop did not eliminate the attorney-client privilege that protected them.” Read more at E-Lessons Learned.
Some “Practical” e-Discovery Review Advice
March 25th, 2010
By Joe Aakre, Product Manager, Fios, Inc.
The following are some hints and tips that I am borrowing from “Chapter 8: Data Review: Fast and Thorough Methods” of Mary Mack’s book, A Process of Illumination: The Practical Guide to Electronic Discovery. This chapter offers practical advice that can help you and your legal team prepare for and achieve optimal results (and lowered costs) in your e-discovery reviews.
During the discovery phase of large or complex cases, there can be significant time and resource burdens associated with document review. Reviewing printed versions of electronic materials can be a time-consuming process. It is also subject to risks of omission duecontinue…
Discerning e-Discovery, Home Page Featured, Uncategorized | no comments yet
Processing Is Not Processing Is Not Processing
March 18th, 2010
By Laura Webster, Solution Design Architect, Fios, Inc.
Data processing for e-discovery requires expertise in various technologies. Electronically stored information (ESI) populations generally contain large volumes of disparate file types. For an e-discovery project to be successful, this data must be processed and aggregated quickly and reliably.
Your e-discovery partner should be able to help you:
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Fully inventory and uniquely identify each file in the data population for file accountability.
 DiscoveryResources.org is sponsored by Fios, Inc. — a “Top 5″ provider of electronic discovery services to the legal community since 1999. Fios Inc. enables clients compelled to produce electronically stored information (ESI) to reduce risk and cost by attaining management control over the e-discovery business process. Fios’ comprehensive electronic discovery services are based on in-depth knowledge of information technology and legal processes, and support the defensible and efficient management of all phases of the Electronic Discovery Reference Model (EDRM). Learn more about Fios’ Electronic Discovery Services and e-Discovery Software solutions.
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 Get the e-Book on e-Discovery “A Process of Illumination: The Practical Guide to Electronic Discovery” The recently updated edition of our Mary Mack’s guide to electronic discovery. Get your copy here. |
New white paper: The Basics on Handling Email Attachments in e-Discovery In the last few years, courts have become more familiar with the underlying technology of email attachments. Arguments courts accepted only three years ago for mishandling attachments will not hold water in many courts today. Other than document review, nothing in e-discovery is as costly or time-consuming as an order to re-produce a bad production. It is imperative for the producing and the requesting party to understand the court’s expectations for email attachment productions. Read this white paper to learn the basics. | |||||||||||||||
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