Discovery Resources

Ralph Losey, Brett Anders (both of Jackson Lewis, the national workplace  law firm) and I will finish our discussion of the hot cases of last quarter on Wednesday, August 4, 2010.  Register here.

With an embarrassment of riches of cases to delve into, it was not surprising that we have a couple left over.

We’ll be talking about the Crispin case (Crispin v. Christian Audigier, Inc., 2010 WL 2293238 (C.D. Cal. May 26, 2010)).  This case has the SCA (Stored Communications Act), Facebook, and the balancing act between what is public and what is private.

Bray and Gillespie, the case that eclipses Qualcomm as the most exciting saga of ediscovery mishaps and sanctions, is continue…

The ever alert Ralph Losey posted a note about another amendment to the Pension Committee decision by Judge Shira Scheindlin:

At page 10, lines 7-10 replace <By contrast, the failure to obtain records from all employees (some of whom may have had only a passing encounter with the issued in the litigation), as opposed to key players, likely constitutes negligence as opposed to a higher degree of culpability.> with <By contrast, the failure to obtain records from all those employees who had any involvement with the issues raised in the litigation or anticipated litigation, as opposed to key players, could constitute negligence.>.

Judge Scheindlin’s last amendment was to correct language indicating all backup tapes should be continue…

by Mary Mack, Corporate Technology Counsel, Fios.

Duke University hosted the 2010 Civil Litigation Conference for the second day, again live streamed. Ediscovery was discussed through the day, even when the topic was fact pleading or other procedural elements.

There was a consensus that preservation needs to be called out, triggers to preserve identified and a more clear safe harbor constructed (FRCP 37(e)). Other consensus items include the need for judicial management, quick rulings and education of the bench and bar.  The Seventh Circuit pilot project was very well received, as were state innovations (including Oregon).

There is less consensus on fact pleading, early mandatory disclosures, separate sets of rules for complex cases and what continue…

Wed. 3/24 - Mary Mack welcomes Charles W. Cohen (Partner, Co-Chair, eDiscovery Practice Group, Hughes Hubbard and Reed LLP) for Fios’ quarterly e-discovery case law update. They will explore recent court decisions, including Judge Scheindlin’s most recent ruling; 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. More info / register >

Records managers will be taking a new look at “Create dates” after the Arizona Supreme Court mandated production of metadata in public records.

The case involved a demoted police officer who wanted access to the metadata to prove notes were backdated.  Up until now, most cases have held that there must be a showing that metadata is necessary before ordering its production.  While this case may be applied narrowly for Arizona public records, it may impact other governmental entities and courts.

“It would be illogical, and contrary to the policy of openness underlying the public records law, to conclude that public entities can withhold information embedded in an electronic document, such as continue…