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2012: Eye on the States (New Year, New Rules)

Rebecca James — Wed, 11 Jan 2012 19:32:29 +0000

Connecticut rings in the new year with new rules, joining the pack of some 30 states now basing e-discovery rules in whole or in part on the 2006 Amendments. Florida and Massachusetts are considering new rules and the District of Columbia is awaiting approval of pending proposed rules. Also, Oregon has some minor amendments going into effect this year and Pennsylvania has some proportionality concepts brewing. A dozen states remain without action.

Tom Allman, a leading state e-discovery expert, joined the year-end Fios webcast and presented updates on state e-discovery activity. He discussed the impact of the 2006 Amendments to the Federal Rules of Civil Procedure on key e-discovery issuescontinue…

e-Discovery Project Management presentation at Litigation Summit and Expo

Donna Peterson — Thu, 17 Nov 2011 18:29:47 +0000

Over the past year, legal project management has become a popular topic at e-discovery conferences, legal education courses and white papers. A recent example could be found at the Litigation Summit and Expo (#LITSUM) held this week (Nov. 15-16). The session, entitled “Legal Project Management: Best Practices for eDiscovery Projects,” was presented by Bobby Malhotra, Staff Counsel at Munger, Tolles & Olson and our own Joanna Harrison, Sales Consultant at Fios. Thank you Bobby and Joanna for a very informative presentation and for sharing best practices and practical tips for applying project management principals to e-discovery projects.

ALM, the organization behind LegalTech New York and LegalTech West Coastcontinue…

New Fios Webcast: 5th Annual Statee-Discovery Update

Shawn O'Dell — Thu, 03 Nov 2011 18:09:49 +0000

Date: Thursday December 8, 2011
Time: 1:00 PM ET (60 minutes)

In his fifth annual Fios webcast, Tom Allman, the leading expert on state e-discovery rules, provides an update on state-level activities. Fios’ Rebecca James moderates this informative session which covers the following topics:

The impact of the 2006 amendments on state
e-discovery rule-making
Key e-discovery issues with special relevance
for states
The status of preservation and spoliation
rule-making efforts

Register Now to attend and learn about particularly crucial state case developments, including an increasing number of examples that diverge from federal precedent.

Moderator:
Rebecca James, Esq., Programs Manager, Fios, Inc.

Faculty:
Thomas Y. Allman,continue…

eDiscovery Case Law Update Fall 2011

Rebecca James — Thu, 03 Nov 2011 17:34:18 +0000

On October 12th, Fios was delighted to host Ralph Losey (partner and chair of Jackson Lewis’ Electronic Discovery Practice), Farrah Pepper (of counsel and vice chair of Gibson, Dunn & Crutcher’s Electronic Discovery and Information Law Practice Group), and Christina Daskas (e-discovery attorney at Jackson Lewis), who joined me in presenting a webcast focused on recent case law updates. We explored several cases and their related issues, including social media preservation, email attachments and e-discovery cost recovery under 28 U.S.C. § 1920.

Katiroll Co. Inc. v. Kati Roll & Platters, Inc. (D.N.J. Aug. 3, 2011)

Farrah talked about the hot topic of social media. She discussed a trademark infringement disputecontinue…

New Fios Webcast: e-Discovery Case Law Update – Fall 2011

Shawn O'Dell — Thu, 29 Sep 2011 19:22:31 +0000

Date: Wednesday October 12, 2011
Time: 1:00 PM ET (60 minutes)

This quarterly case law update from Fios explores recent court decisions related to e-discovery, the impact these cases may have and are already having, and tactics and strategies organizations should consider to help control their e-discovery risks.

Rebecca James will be joined by special guests Ralph Losey, National e-Discovery Counsel and Chair of the Electronic Discovery Practice Group at Jackson Lewis; Christina Daskas, also from Jackson Lewis; and Farrah Pepper, of counsel and Vice Chair of the Electronic Discovery and Information Law Practice Group at Gibson, Dunn & Crutcher.

The panel discusses highlights of issues and cases including:

continue…

New Fios Webcast: e-Discovery Case Law Update – Summer 2011

Shawn O'Dell — Thu, 23 Jun 2011 18:17:21 +0000

Chris Wilen, Fios’ Technology Counsel, will be joined by special guests Seth Row, Partner and E-Discovery Consultant at Parsons Farnell & Grein; Martha Dawson, Partner and Co-Leader of the e-Discovery Analysis and Technology (e-DAT) Group at K&L Gates; and Farrah Pepper, Of Counsel and Vice Chair of the Electronic Discovery and Information Law Practice Group at Gibson, Dunn & Crutcher.

The panel will discuss highlights of issues and cases, including:

continue…

e-Discovery Case Law Update

Chris Wilen — Mon, 25 Apr 2011 17:15:37 +0000

On April 6th, Fios was pleased to host Ralph Losey (partner and chair of Jackson Lewis’ Electronic Discovery Practice) and Farrah Pepper (of counsel and vice chair of Gibson, Dunn & Crutcher’s Electronic Discovery and Information Law Practice Group), who joined me in presenting a webcast focused on recent case law updates. While a number of e-discovery-related decisions have been delivered in the past few months, we focused on four cases and their related decisions. In doing so, we touched on a wide range of topics, including metadata, social media discovery, international discovery and preservation failures.

Nat’l Day Laborer Org. Network v. United States Immigration and Customs Enforcement Agency (ICE), 2011continue…

A Look Back at e-Discovery in 2010 Pt 4

Chris Wilen — Fri, 21 Jan 2011 23:42:26 +0000

Within the realm of e-discovery, it seems clear that 2010 was the year in which preservation emerged as a top concern. We are now seeing a number of reports detailing the e-discovery-related sanctions levied in 2010, and sanctions related to a failure to preserve data make up the majority of such reports. In past years, the focus has been more on spoliation of data related to data collection, processing, culling or production issues. This year, the focus clearly shifted to preservation issues and we saw a number of guiding decisions throughout 2010.

Rimkus Consulting Group, Inc. v. Cammarata, 2010 WL 645253 (S.D. Tex. Feb. 19, 2010)

Judge Lee Rosenthal ofcontinue…

Summer Case Law Update Part 2

Mary Mack — Fri, 06 Aug 2010 00:33:56 +0000

Ralph Losey, Brett Anders and I had a lively discussion about four key cases addressing the need to understand the client’s computer system, to cooperate, and to be aware with technologies on the envelope of ediscovery practice like text messaging, databases and social media.

Ralph and Brett practice workplace law, a superset of employment law. They are often on the cutting edge of electronic discovery. Employees are people, and people are stretching the limits of technology in the ways they are communicating, collaborating and connecting.

Many thanks to Ralph and Brett for the encore.

Ralph’s media

Ralph just published a new book, Electroniccontinue…

Some “Practical” e-Discovery Review Advice

DiscoveryResources.org Editor — Thu, 25 Mar 2010 21:33:07 +0000

By Joe Aakre, Product Manager, Fios, Inc.

The following are some hints and tips that I am borrowing from “Chapter 8: Data Review: Fast and Thorough Methods” of Mary Mack’s book, A Process of Illumination: The Practical Guide to Electronic Discovery. This chapter offers practical advice that can help you and your legal team prepare for and achieve optimal results (and lowered costs) in your e-discovery reviews.

During the discovery phase of large or complex cases, there can be significant time and resource burdens associated with document review. Reviewing printed versions of electronic materials can be a time-consuming process. It is also subject to risks of omission due tocontinue…