Discovery Resources

I am emotionally distressed over being wrong, very wrong last month when I suggested that Eric Meyer had stepped over the proportionality line in my blog post on Social Media, Permanent Records and Ediscovery.  (Register here for the Fios webcast Social Media, Permanent Records and Ediscovery, taking Social Media through the EDRM.)

Eric Meyer has written a comprehensive article on how to obtain social media evidence for The Legal Intelligencer. He goes a little far afield in the age of proportionality to suggest:

So, as part of discovery, an employer should consider requesting:

All online profiles, postings, messages (including, without limitation,

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by Mary Mack, Corporate Technology Counsel, Fios

Ashby Jones over at the WSJ law blog reports on the bellwether criminal trial in the financial meltdown. Along with other evidentiary motions, the judge, Frederic Block, was presented with motions regarding electronic discovery during the Bear Stearns hearing.

The judge also declined to rule on separate motions by the defense to preclude prosecutors from introducing evidence that a tablet PC used by Tannin and a trading notebook used by Cioffi have disappeared. During the Thursday hearings, prosecutors also said the government received a letter from Google in response to their inquiries indicating that Tannin’s gmail account was erased in

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According to Muhammad Saleem’s new blog,titled simply “Computers” comes this interesting detail: “It has been seen that using previous technique law firms review rates were 40 to 70 documents per hour. But now using new and advanced techniques law firms have achieved a major breakthrough in productivity. Their average review rates of 300 to 500 documents per hour and as high as 15,000 documents per day per reviewer.” Continue reading….

by Nancy Patton, Fios Professional Services, Fios, Inc.

It’s not an original concept to say that successful business systems are built on a foundation of people, process and technology.  Also not surprising are the difficulties that arise when addressing the “people” part of the equation, and especially in regard to e-discovery.  Although a company may have stellar processes and state-of-the art technologies to address its e-discovery obligations, they may be for nought without the right people in place to implement them.

When an organization receives notification of a lawsuit or regulatory investigation, one of the first concerns the legal department should consider is whether or not it will be ablecontinue…

by Dennis Kiker, Director of Professional Services, Fios, Inc. I meet with companies every week to talk about e-Discovery and related issues.  The one question I get asked more than any other is, “What are other companies doing?”  And the number one object of that question of late is records management.  Although it seems to be changing, the unfortunate answer to that question posed about that particular topic is “not enough.”  There appear to be a number of reasons for that response, even excluding budgetary constraints.  One is that there are typically a number of different constituencies to satisfy.  The legal department wants to reduce the volume of datacontinue…

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

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

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….

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…