|
Have a friend or co-worker you think may be interested in our newsletter?
| |
|
- Valeo Elec. Sys., Inc. v. Cleveland Die & Mfg. Co., 2009 U.S. Dist. LEXIS 51421 (E.D. Mich. June 17, 2009) – Magistrate Judge declines to compel plaintiff to categorically organize documents that were produced as kept in the usual course of business.
- Arista Records LLC v. Usenet.com, 2009 U.S. Dist. LEXIS 55237 (S.D.N.Y. June 30, 2009) – Spoliation leads to severe sanctions.
- Goodman v. Praxair Servs., Inc., 2009 U.S. Dist. LEXIS 58263 (D. Md. July 7, 2009) – Court orders adverse inference for spoliation fo CEO’s data but finds no obligation to preserve relevant data of third party consultants.
- Ford Motor Co. v. United States, 2009 U.S. Dist. LEXIS 62318 (E.D. Mich. July 21, 2009) – Producing overwritten e-mails would place undue burden on government.
- KCH Servs. Inc. v. Vanaire, Inc., 2009 U.S. Dist. LEXIS 62993 (W.D. Ky. July 22, 2009) – Court orders adverse inference for failure to preserve relevant evidence following notice that such evidence may have been relevant in future litigation.
- Craig & Landreth Mazda v. Mazda Motor of America Inc., 2009 U.S. Dist. LEXIS 66069 (S.D. Ind July 27, 2009) – Data production in usable format not sufficient if native search capability lost.
- Pinstripe, Inc. v. Manpower, Inc., 2009 U.S. Dist. LEXIS 66422 (N.D. Okla. July 28, 2009) – Finding defendant may have caused the deletion of possibly relevant emails, court orders sanctions including payment to local bar association.
- Major Tours Inc. v. Colorel, 2009 U.S. Dist. LEXIS 68128 (D.N.J. Aug. 4, 2009) – Court finds evidence of spoliation makes hold letters discoverable.
- Coburn Group, LLC v. Whitecap Advisors LLC, 2009 U.S. Dist. LEXIS 69188 (N.D. Ill. Aug. 7, 2009) – Company did not waive work-product protection when it inadvertently gave its adversary in a business dispute an e-mail message that was shielded by FRE 502.
- In re NuvaRing Products Liability Litigation, E.D. MO 4:08MD1964RWS, Aug. 11, 2009 - NuvaRing maker ordered to pay e-discovery costs.
- Green v. McClendon, 2009 U.S. Dist. LEXIS 71860 (S.D.N.Y. Aug. 13, 2009) - Court orders monetary sanction for failure to preserve to be paid by defendant and counsel.
| |
|
Do you have a question or challenge you'd like the experts at IE Discovery
to address? Please email us, and we'd be happy to help you plan
your strategy.
| |
|
|
|
By Patrick McColloch, Director, Client Services, IE Discovery, Inc. The United States federal government rarely gets credit for being ahead of the curve when it comes to efficiency and innovation. Instead, it is often seen as the embodiment of outdated processes and bureaucracy—trailing behind advances in the private sector rather than leading the charge. In reality, this reputation is largely undeserved, especially in the areas of records management and e-discovery. As the nation’s largest employer and its largest buyer of goods and services, it is no surprise that the government continuously faces litigation concerning employment, contracts, the environment, and other general matters too countless to list. In most legal matters, government shoulders the largest part—if not all—of the burden of responding to discovery requests, as it is usually the custodian for many of the paper and electronic records involved in a suit. Because the government spends so much time and so many resources on litigation, it is at the forefront of developing new and better approaches to managing the challenges associated with e-discovery. Private corporations face many of the same e-discovery challenges as federal agencies, including stringent statutory and regulatory recordkeeping requirements, workforces spread across wide geographic areas, and inconsistent technology platforms. As such, private industry can learn a lot from the government’s approach to e-discovery, especially in the areas of e-discovery in which the government really shines: vendor management, employee training, and technology.
Read the entire article
|
|
|
IE Discovery presented its 2009 Electronic Discovery Symposium for Government Agencies on October 6, 2009 at The National Press Club in Washington, D.C. The second annual symposium was devoted solely to government agencies and departments. More than 215 attorneys, paralegals, chief information officers, records managers and information technologists—from 35 different government agencies and departments—were in attendance. IE Discovery’s goal in putting together the symposium was to bring together representatives from a variety of government agencies—as both attendees and speakers—to share experiences and expertise.
Read the entire article
|
|
|
By Cathy Clark, Corporate Discovery Counsel, IE Discovery, Inc. In recent years, many legal departments have faced significant challenges with decreasing litigation budgets and increasing data collections for litigation. Ericsson, Inc. is one of the world’s leading providers of technology and services to telecom operators, and several large, complex matters recently led them to carefully consider how they might better address the expense of litigation in general and document review in particular. Ericsson decided to look to technology to help decrease review spend, while developing methods for controlling the document review budget. IE Discovery was able to help them implement technology to decrease their litigation budget.
Read the entire article
|
|
|
As appeals court rulings go, the decision in United States v. Comprehensive Drug Testing, Inc., No. 15-10067 (9th Cir. Aug. 26, 2009) qualified as a high-profile one: not only did the decision by an en banc panel of U.S. Court of Appeals for the 9th Circuit address cutting-edge legal issues around electronically stored information, but it involved baseball, professional athletes and illegal drugs.
Read the entire article
|
|
|
 Creating a search term list can be a daunting task even when you're familiar with your document collection. It doesn’t matter whether it is a list to search for relevant documents, privileged documents or something more unique, refining your search terms to locate that "smoking gun" isn’t easy. Try these ideas to boost your confidence in the outcome of your next search.
Read the entire article
|
|
|
 The process of e-discovery can be an arduous, expensive one. Breaking the process down into steps makes it more manageable. Previously, we have focused on the first step, collection; the second step, chain of custody; and the third step, data categories and data flow. Here, we examine the fourth step—litigation holds.
Read the entire article
|
|
|
 These days, large organizations tend to be extremely complex, with locations scattered across the country and even around the globe. These far-flung locations generally have hundreds or thousands—even tens of thousands—of employees who continuously generate huge volumes of both electronic and paper data. Additionally, companies increasingly rely on a variety of technical solutions to facilitate communication, work productivity, and data management.
Read the entire article
|
|
|
 Click Here to view reports from the DESI III Global E-Discovery/E-Disclosure Workshop at ICAIL 2009 and The Sedona Conference® International Programme on Cross Border E-Discovery and Privacy.
Starting on October 1, 2009, Phase One of the Seventh Circuit Electronic Discovery Pilot Program gets underway. The purpose of the Pilot Program is to try to develop procedures and practices to minimize the cost and burden of e-discovery while maintaining the fairness and justice all parties deserve.
Read the entire article
|
|
|
 “I wanted to compliment you for the recent work you and your firm completed. We came to you with an expedited request that required the processing of multiple pay records on disks and you delivered the requested product on a rolling basis, ahead of schedule. You and your firm were responsive to our request and could not have been easier to work with.” Pay Dispute—Federal Court
Read the entire article
|
|
|
 IE Discovery was recently represented by its CEO, Chris May, on the faculty of the IQPC Foreign Corrupt Practices Act conference. The conference took place on September 22 and 23, 2009 in Washington, D.C. and Mr. May was part of a panel discussion entitled, “International Document Review: How To Streamline Your Investigation.”
Read the entire article
|
|
|
 IE Discovery has announced the results of its “Bridge” volunteer program for Fiscal 2009. During the year, IE Discovery employees completed more than 700 hours of service, resulting in a company donation of $6,700 in BRIDGE funds. The largest awards from the Washington, D.C. office were presented to the Mary’s Center for Maternal and Child Care and the Delta Education & Public Service Foundation.
Read the entire article
|
|
|
