Discovery Resources

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.

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.

U.S. Chief Magistrate Judge Paul Grimm has ruled that a company sued for infringement has no attorney-client privilege in 165 documents mistakenly turned over to its opponent in e-discovery. Read more about the Creative Pipe ruling in the ABA Journal here.

This paper describes the changes to the Federal Rules of Civil Procedure Rule 45 (third-party subpoenas) and outlines best practices. Read more….

Adam J. Levitt and Scott J. Farrell discuss recent court decisions around metadata, native file productions and specificity during e-discovery “meet and confer” negotiations, as addressed in Autotech Technologies LP v. Automationdirect.com Inc. The complete story from the New York Law Journal is available here.

The Sixth Circuit has affirmed a district court’s award of Rule 11 sanctions against an attorney (B & H Medical v. Wright & Filippis, Inc.) for pursuing frivolous claims. The court threw in an award for appellate sanctions. Read more in the Common Law Journal.

Interview with Mary Mack, Esq., Corporate Technology Counsel at Fios, Inc.

1. What was the dispute between Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 about?

William Twombly sued Bell Atlantic for violating Section One of the Sherman Antitrust Act, found in 15 U.S.C. § 1. The class action complaint was made by Twombly on behalf continue…