Discovery Resources

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…

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…

Weekends are anything but restful these days for those watching the financial sector and financial markets. Lehman declared bankruptcy, with the hopes that counterparty trades will be unwound neatly.  Merrill, like Bear before it, was snapped up by a competitor. The government, shutting the door to assuming more risk in favor of the buyers, scared continue…

Practitioners who have not been protecting against privilege waiver via court order will want to start standing in line for the rush.

Odds are 99.99 percent the new FRE 502 will be signed by the president and cause a run at the court house.

Like the onset of the amendments to the Federal Rules of continue…

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…