Discovery Resources

A New Jersey appellate court applied federal rulings from other jurisdictions and held that the employee had no “legitimate expectation of privacy” in information he stored on office computers, even if that information was personal in nature and protected by confidential passwords erected by the employee.  This article by Patrick T. Collins, Fernando M. Pinguelo continue…

By Conrad J. Jacoby, Esq

Preservation is the foundation for effective management of discovery materials—hardcopy and electronic alike.  After all, documents that are not preserved cannot be examined for potential relevance.  Courts routinely punish parties that have failed to preserve potentially relevant evidence—even though, as a statistical matter, it’s overwhelmingly likely that documents within an continue…

Old-school attorneys, lawyers who have been practicing for 10, 15 or 20 years, are now facing a changing legal landscape as technology takes a larger place in the world of law, specifically in the area of electronic discovery. Indeed, back in the day it was “not something that the bar spent a lot of time on training,” continue…

TechRepublic recently conducted a Web-based survey of 711 TechRepublic members to better understand how companies are supporting e-discovery. Just how important it is for IT leaders to prepare for e-discovery requests through policies & procedures, archiving e-mail and IM, and employee training? The results may surprise you. The survey results are found here. 

This article, from The Legal Intelligencer, looks at recent court decisions which now seem to demand a standard of near perfection from in-house and outside counsel in managing e-discovery. Indeed, courts are showing little patience for preservation, privilege review or production mistakes and are not hesitating to hold parties and their counsel responsible for such mistakes.  Read more….

  continue…