Discovery Resources

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…

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…

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 costs and risks.

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…

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…

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…

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,

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 duecontinue…

by Dennis Kiker, Esq., Director, Professional Services, Fios, Inc.

Cost containment continued to be the most recurrent theme on day two of the Georgetown Advanced E-Discovery Institute.  And by a pretty wide margin (with no disrespect to any of the other excellent speakers), Ralph Losey and Jason Baron’s presentation on advanced search had to be the most entertaining of the day.  The message was simple: the volume of data created and stored on computers continues to increase exponentially, and traditional methods of identifying, collecting and reviewing that data are becoming impractical.  Indeed, they are impractical already in many cases.

As a result of the work being done by

It’s everywhere, according to this recent article in the Austin 10 written by Tony R. Bertolino, managing partner at Bertolino LLP: Electronic discovery is now playing a critical role in more than 75% of divorce cases.

“….What Sarah Brown found on her husband’s computer hard drive was enough to make her call a divorce lawyer the next morning, and begin an emotional trial that tested the boundaries of the always-evolving legal world of electronic discovery.”  Continue reading….

By Fernando M. Pinguelo and Andrew K. Taylor

Earlier we reported that a New Jersey state trial court found that a former employee waived the attorney-client privilege when she decided to use company time, equipment, and resources to communicate with her lawyer. Recently, an appellate court reversed that ruling and framed the issue as “whether workplace regulations converted an employee’s emails with her attorney ” sent through the employee’s personal, password-protected, web-based email account, but via her employer’s computer “into the employer’s property.”

Plaintiff had argued that the company failed to demonstrate that it had ever adopted or distributed the policy in question, that she was unaware that thecontinue…