Discovery Resources

The new decade has begun with conflicting and complementary opinions from Judge Rosenthal of Texas and Judge Scheindlin of New York. These opinions, penned by United States District Court judges, will frame the behavior and motion practice around federal e-discovery sanctions into the near future.

Before the ink was dry on Judge Scheindlin’s groundbreaking “no written legal hold = gross negligence” opinion in The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al., 2010 WL 184312 (S.D.N.Y. Jan. 15, 2010) (Amended Order), subtitled “Zubulake Revisited: Six Years Later,” Judge Rosenthal, in Rimkus v. Cammarata, 07-cv-00405 (S.D. Tex. Feb. 19, 2010) drewcontinue…

In Her Honor’s latest eDiscovery-related opinion, Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC, __ F. Supp. 2d __ (S.D.N.Y. 2010), Judge Scheindlin provides us all with a much needed reminder that sloppy (i.e., negligent or grossly negligent) document preservation and production will expose parties (and their lawyers) to the court’s arsenal of sanctions. Fernando M. Pinguelo and Frank Gonnello, Jr. from e-Lessons Learned note that “While litigants are not required to execute document productions with absolute precision, at a minimum they must act diligently and search thoroughly at the time they reasonably anticipate litigation.” Read full article here.

Government regulators lose sleep, too. This was the message delivered by Leonard Gordon, director of the Federal Trade Commission’s Northeast Region during a spirited panel discussion that also featured David Keyko, litigation partner and regulatory expert from Pillsbury Winthrop; Josh Weiss, special counsel from Cadwalader, Wickersham & Taft; Fios’ Director of Strategic Account Relationships, Dennis Kiker; and me, Mary Mack, as moderator.

The panel discussion took place at an invitation-only lunch hosted by Fios during Legal Tech New York, and focused on helping outside counsel prepare for an anticipated increase in e-discovery and regulatory actions in 2010.

Gordon was the recipient of most questions, as the attendees tried to understandcontinue…

Earlier this month, Monica Bay had the pleasure of taping short interviews with 25 members of our legal technology community, including Fios’ Mary Mack. View the “live” interview with Mary as she addresses the growing e-discovery trends driven by the increase regulatory investigations and oversight.

So what is all the fuss about Stengart v. Loving Care Agency, Inc. et al.?  Why are eDiscovelebrities and employment lawyers alike watching the case so closely?  Why should YOU be watching? Privacy! (And eDiscovery, Of Course). Read the full article by Fernando M. Pinguelo published on e-Lessons Learned.