Discovery Resources

On June 29, 2009, Governor Arnold Schwarzenegger signed California’s Electronic Discovery Act into law.  Because the Act contains an urgency provision, it is effective as of June 29, 2009.

Here’s the Electronic Discovery Act in its entirety.

…. Tip of the hat to Michael J. Eng at the Electronic Discovery Navigator

Steamy messages from the South Carolina governor to his lover in Argentina didn’t stay private. Take a lesson, experts say: Employers often monitor e-mail, and text messages can be trouble too. Continue

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…

by Nancy Patton, J.D.; Consultant; Fios, Inc.

Recent economic circumstances have forced many companies to make difficult decisions about personnel levels – reductions in force are part of almost every organization’s reality these days.  In law firms alone, it is estimated there have been upwards of 10,000 lay-offs nationwide this year.  It’s neither feasible nor practical to preserve the data of every departing employee in the event it might be needed for litigation or regulatory purposes.  However, if your IT department is not clued into what to do about departing employees and their data, then nothing will be preserved … an even less desirable outcome.  If you haven’t already, you may continue…

By Aaron Pippin, PMP; Sr. Project Manager, Fios, Inc.

In a large, quick, or complex project many hands are involved.  Quite often groups develop into silos and information to other groups working on a separate part of the e-discovery review is lost.  Obviously it is important that the service provider communicate with the client.  However it is equally important that the client communicates internally. It is estimated that 80% of a project is communication. A trained and seasoned project manager will know they need to develop a communication plan which details who is involved in the communication( Point of Contacts/decision makers), type of communication, and how often. 

Make sure the POCs are continue…

by Matthew Lane, PMP, Ph.D.; Director of Client Services, Fios, Inc.

Communication. (kə-ˌmyü-nə-ˈkā-shən) (noun): a process by which information is exchanged between individuals through a common system of symbols, signs, or behavior. A technique for expressing ideas effectively (as in speech).

In January 1986, the space shuttle Challenger disaster occurred when o-rings failed during launch in unusually cold weather.  In reading about this national tragedy it was clear that communication had been a myriad of straightforward warnings, twisted interpretation, pressured statements and non-communication.  For most project managers the consequences of communication failure will not be so dire.  But, it does illustrate how vital communication is to project success.  It has been stated continue…

by Richard “Rich” Wersinger, M.S., Technical Trainer, Fios, Inc.

During the discovery phase of litigation, parties to a dispute must take appropriate, reasonable steps to locate relevant, responsive Electronically Stored Information (“ESI”) in response to discovery requests. Use of automated search can be an essential component in the e-discovery process as attorneys may perform automated searches to locate relevant, responsive, and/or privileged ESI for a legal matter.

Search in the EDRM context can mean employing any of a number of techniques across a variety of data. Usually the objects being searched are documents in a case, but even there the documents can take several forms. The proliferation of computer files (known as continue…

Today we are looking at an estimated 210 billion messages sent every day worldwide. Yet experts say most companies fail to deal with the mounting amount of electronic data.  This article in the most recent issue of Workforce Management discusses the role of the HR department in managing this mess.

Abbott’s motion states:

“DOJ kept the lawsuit under seal for more than eleven years, conducting one-sided discovery against Abbott, but did nothing to preserve evidence in its own possession or control. “ Continue reading….

by Christina Cidade, Technical Sales Manager, Fios, Inc.

I have been hearing some interesting discussions recently regarding instant messaging (”IM”) and whether or not a corporation has an obligation to preserve these types of communications.  So what are all the cool companies doing?

Once a corporation establishes that IM is appropriate and permissible for business purposes, they must determine whether (and/or how) they want control over IM.  There are two different types of IM platforms — well, three if you count the financial industry, which is so cool it has its own toys made specifically for it - e.g., Bloomberg Messaging, Reuters Messaging and IMtrader.   It even has its own rules regarding continue…