Discovery Resources

Judicial tolerance for shortcomings in e-discovery is on the decline, and litigants, their counsel and e-discovery vendors are facing direct liability for such failures. Read more….

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…

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.

When Supreme Court Justice Antonin Scalia went on a publicity tour for his book on legal writing earlier this year, it was considered a rare peek into the mind of an influential jurist. This article by Jason Krause on Law.com discusses how few litigation topics have gotten the judiciary talking as much as e-discovery.

State and local governments are routinely confronted with new and complex challenges. Texas, like some other states, proactively changed its procedures prior to the amendments to the Federal Rules of Civil Procedure. In this article, Chad Vander Veen at Government Technology discusses the importance of this proactive approach.

Chief U.S. Magistrate Judge Paul W. Grimm and attorneys Paul Mark Sandler and Charles S. Fax, whose second book, entitled “Maryland Discovery Problems and Solutions,” address the issues around discovery and privilege in this article by Brandon Kearney from the Maryland Daily Record.

Understand the travails of the lawyers, dubbed the “Qualcomm Six” by law blogs (Qualcomm v. Broadcom), over the dispute around alleged e-discovery abuses in this article by Leonard Deutchman in Pennsylvania Law Weekly.

A federal judge in Maryland ruled late last month that a company being sued for copyright infringement waived attorney-client privilege for 165 documents accidentally disclosed to opposing counsel during the e-discovery process. Read more from Computerworld’s Brian Fonseca here.

“It has changed litigation in fundamental ways,” said Benjamin Barnett, a trial lawyer at Dechert L.L.P., who advises clients on electronic discovery.  Read more from the Philadelphia Inquirer here.

Clients with operations in the European Union pose a particular problem for electronic discovery because of the strict data privacy laws in most European jurisdictions, which regulate the processing of personal data and its export from the EU.  Read more…