Discovery Resources

Industry thought leader Joshua Gilliland reviews this recent case where a criminal defendant was appealing his conviction on ineffective counsel and insufficient evidence to support his convictions challenged text message evidence. Continue reading…

by Aaron Cronan, Esq.,
Fios, Inc.

If you haven’t read the Bray & Gillespie v. Lexington case yet, you’re missing out on another example of the minefield e-discovery has created for litigators. In short, when a party asks for native files with intact metadata, stripped TIFFs are not an acceptable format. More important is the lesson not to make assumptions about how the data was collected and processed. Don’t tell the court or your opponent documents were printed and scanned unless you are certain that is the case. In the words of Judge Spaulding:

Berringer falsely told opposing counsel that B & G had caused all ofcontinue…

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 phasecontinue…

To regain a class’s focus on a certain subject that they may not have been studying hard enough otherwise, teachers will often use a Pop Quiz.  Ronald Hedges, former United States Magistrate Judge in the District of New Jersey, is a believer in the pop quiz as well.  In the most recent New Jersey Law Journal, Hedges writes:

“Time for a pop quiz. Can you name the most important of the so-called “e-discovery” amendments to the Federal Rules of Civil Procedure adopted in 2006? Candidates include, among others, Rule 26(b)(2)(B), which introduced thecontinue…

“You know things are bad when the lawyers withdraw.”  So begins an interesting post from Steven Puiszis, Editor-in-Chief of the Practical Ediscovery blog. He continues, “In MeccaTech (MTI), the magistrate judge observed: “Misconduct of this magnitude is a rare occurrence.” It was determined through discovery that one of the defendants employed a consultant to intentionally erase items from his computer before he left MTI’s employment in attempt to shield his activities from discovery.” Read more about ediscovery going very badly here

The American College of Trial Lawyers and the Institute for the Advancement of the American Legal Systema legal have issued a report which calls for a complete overhaul of civil discovery rules to end costly and time-consuming demands for documents. The 30-page report contains proposals and general principles for overhauling the discovery rules used in both federal and state courts.  Download the report here.

Total Revamp of Federal Rules of Civil Procedure?
By Mary Mack, Esq., Corporate Technology Counsel, Fios Inc.

The American College of Trial Lawyers Task Force on Discovery and The Institute for the Advancement of the American Legal System released a report in March calling for radical change in the Federal Rules of Civil Procedure (FRCP) that may, according to the ACTL website, “one day underpin the transformation of civil procedure in federal and state systems throughout the United States.”

This report was created through the collaboration of seasoned (average of 38 years of experience) peer-selected trial lawyers from both sides of the barcontinue…

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