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Information, articles and other resources regarding e-discovery case law and precedents.


Case Law Articles

The New Rule 502: What Does It Mean To You?

by Dennis Kiker, Esq., Director, Fios Consulting, Fios, Inc.

On September 8, 2008, the U.S. House of Representatives passed Senate Bill 2450 without amendments, which adds Rule 502 to the Federal Rules of Evidence. The bill was approved by the Senate way back in February (who says Congress doesn’t act quickly?), and President Bush has continue…


No Privacy For Employee Info On Office Computers

A New Jersey appellate court applied federal rulings from other jurisdictions and held that the employee had no “legitimate expectation of privacy” in information he stored on office computers, even if that information was personal in nature and protected by confidential passwords erected by the employee.  This article by Patrick T. Collins, Fernando M. Pinguelo continue…


Demonstrating Good Faith in ESI Preservation

By Conrad J. Jacoby, Esq

Preservation is the foundation for effective management of discovery materials—hardcopy and electronic alike.  After all, documents that are not preserved cannot be examined for potential relevance.  Courts routinely punish parties that have failed to preserve potentially relevant evidence—even though, as a statistical matter, it’s overwhelmingly likely that documents within an continue…


Webcast - Instant Messaging, Preservation and e-Discovery Collection Obligations

July 29 - 1:00 EST - Instant messaging presents a new set of technical and legal issues in the discovery process, much like e-mail did a few years ago. Ronni Solomon, Counsel, King & Spalding, will discuss preservation best practices for IM use, and for preservation and collection of IM and related files during discovery. continue…


Poor Search Methodology Can Waive Privilege

Slowly but surely, U.S. Magistrate Judge Paul Grimm is writing a treatise on electronic discovery. H. Christopher Boehning and and Daniel J. Toal discuss Judge Grimm’s recent rulings around privilege and his comments on search methodologies in the New York Law Journal.




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