Discovery Resources

by James D. Palmatier is a Partner at Galbraith, Palmatier & Assoc., LL

Federal Rule of Evidence 502 (“Rule 502”) was signed into law in September 2008 .  According to the Advisory Committee notes to Rule 502, the Rule is designed to provide a predictable consequence for the unintentional disclosure of information protected by the attorney-client privilege and attorney work-product doctrines, and to reduce the costs associated with the discovery phase of litigation .  Rule 502, related case law and recent developments in tools used for electronic document management all point to several cost effective and prudent steps that may help avoid waiver.  To be successful in the discovery phase a continue…

Kim Newman is a partner in O’Melveny’s Washington, DC office and a member of the Business Trial and Litigation and Electronic Discovery and Document Retention Practices recently wrote about sanctions that were imposed on outside counsel for Plaintiff Bray & Gillespie Management LLC for a “pattern of withholding and concealing information concerning discoverable material” from both the Court and opposing counsel.

The problems began with a failure to Object to the Request for ESI in Native Format and then failure to produce it. Continue reading….

“The use of good project management skills during an e-discovery process can help you navigate your way through a mass of information.” This article, which discusses the role of Project Management in  e-discovery is from Legalweek.com, an online journal which is dedicated exclusively to commercial lawyers in the UK and major international jurisdictions.  The authors even reference The Ramones, which certainly adds flair to an article about eDisclosure, as it’s known there.
Read more here

“The critical elements of a successful legal-hold strategy include broad-based management, transparent technological infrastructure and cross-departmental collaboration. Here are five steps to consider for organizations to improve their legal-hold process.”  Continue reading….

Connolly Bove Lodge & Hutz partner Kevin F. Brady reviews the latest judicial cautionary advice to counsel to collaborate on formulating the parameters for searching electronically stored information. This article, originally published in BNA’s Digital Discovery & E-Evidence can be found here.

The Editor at Metropolitan Corporate Counsel interviews Mary Mack about the state of e-Discovery costs facing attorneys and their clients in the current economic environment.  What are the biggest cost drivers today when it comes to litigation and e-discovery?  Is there any likelihood that, given the state of the economy, the e-discovery rules will be revised to take into account that current e-discovery requirements create a tremendous cost burden? Continue reading….

This recent post from the Litigation Holds and Trigger Events blog discusses Acorn v. Co. of Nassau, (EDNY 3/9/09) and the finding that “the failure to implement a litigation hold at the outset of litigation amounts to gross negligence.”  Continue reading

The global business community we live in is faster than ever these days. An email can travel just as quickly from New York to Holland as it can from your office to the office across the hall. However, conducting business across international borders brings with it issues about which legal system dictates these transactions. Add Facebook and social networking to this mix and things get reallly interesting. This is especially true in the complex world of e-discovery.  Read more…

This article from the current issue of ALSP Update discusses the the strengths, limitations and implementations of full text searching with a focus on three leading recent cases, O’Keefe, Equity Analytics and Victor Stanley. Continue reading…

Acorn v. Co. of Nassau, 2009 WL 605859, (EDNY 3/9/09) (”the failure to implement a litigation hold at the outset of litigation amounts to gross negligence.”) (awarded sanction of motion costs and attorneys fees for failing to implement a litigation hold). Continue reading…