Recent General Commercial Litigation Case Studies and Other Resources
During a period of relative quiet on the litigation front, the legal department of a large utility company decided to conduct a comprehensive review of its internal processes for responding to electronic discovery production requests. The company was considering the purchase of a new content management system and needed a detailed evaluation of that system's functionality for e-discovery purposes. The general counsel was also uncertain about the company's ability to respond effectively to more s
Uncertain about the adequacy and defensibility of its response practices relative to anticipated electronic discovery demands, the legal and records management teams at a publicly-owned manufacturing and chemicals company needed a thorough, objective, company-wide assessment of its data retention policies and its overall capacity for responding to e-discovery requests. Specifically, they were unsure about how the amendments to the Federal Rules of Civil Procedure (FRCP) would impact the company
ED101 - e-Discovery Fundamentals
Litigation support professionals and paralegals that are new to the world of e-Discovery will benefit from this introduction to the workings of e-Discovery. The presenters will share insights gained from over 30 years of combined litigation paralegal experience. Get an understanding of the basic e-Discovery process, how to approach your next project with your attorneys and clients, and a new confidence about how to manage the world of e-Discovery.
Emerging Trends
Electronic discovery presents a unique set of issues for corporate counsel. Mary Mack and Carole Basri, who co-edited and contributed to eDiscovery for Corporate Counsel — to be published by Thomson Reuters and officially launched on the day of this webcast — will discuss some of the key ideas generated by the 50 contributing authors and judges.
Healthcare organizations have been moving in the direction of increased digitization of information for some time, which has picked up considerable speed with monetary grants to expedite the transition to electronic health records in the American Reinvestment and Recovery Act of 2009, also known as the “stimulus package.” Electronic health information will increasingly become the predominant form of evidence in regulatory proceedings and litigation related to healthcare. The potential vulnerabil
Part 2 of 8: Financial Crisis, Litigation and Electronic Discovery complete webcast series.
The subprime mortgage crisis has already surpassed the S&L crisis of the 1990s in terms of the number of cases filed. Affected organizations may reduce risk and improve the efficiency of their discovery efforts by ensuring that consistent and repeatable processes to manage discovery demands are in place.
A Discovery Response Plan helps achieve this goal by providing leg
The subprime mortgage crisis has evolved into a global financial crisis. All those affected — homeowners, regulators, politicians and investors — are clamoring for someone to blame. Investigations have begun, and class-action lawsuits are being filed. When a lawsuit is filed and the call comes for e-discovery, those who have not proactively mapped, organized and studied their electronic content universe may be caught by surprise. In the current environment surrounding e-discovery, a lack of read
This webcast addresses the e-discovery risks faced by the financial industry as litigation and investigation around subprime transactions unfold, particularly around the smoking guns and large volumes of electronically stored information (ESI) that may exist somewhere in the e-universe. Those impacted will need to be prepared to answer questions around who knew what about the risk profile of the transactions, when did they know it, how were they represented, what were the expectations and what d
e-Discovery Readiness & Planning
Effectively managing legal holds requires the right combination of people, process and technology. It is how an organization protects itself when facing litigation and investigations. In the traditional paper world, the requirements for preserving relevant documents were straightforward. Organizations could not shred, burn or otherwise dispose of potentially relevant documents held in file cabinets, off-site storage warehouses or in the desks of employees. In today's digital world, carefully and
This paper outlines how taking a proactive, organized approach to discovery response planning can help enterprises predictably reduce the cost, time and risk inherent in the electronic discovery process; apply proven methodologies for developing and implementing comprehensive response plans; and leverage the planning process as a way to improve the interdependencies between the people, processes and technology required for defensible discovery response.
Case Law / Rules
After more than five years of discussion and public comment, new amendments to the Federal Rules of Civil Procedure (FRCP) took effect on December 1, 2006. New language in six Federal Rules—rules 16, 26, 33, 34, 37 and 45—requires attorneys to pay specific attention to electronic discovery issues—or, in the vocabulary of the new rules, "discovery of electronically stored information (ESI)." The exact language of these amended rules has been widely broadcast through lectures, articles and outreac
Case law around electronic discovery is changing rapidly due to evolving federal rules and court rulings. This quarterly update from Fios explores the implications of recent court decisions and the tactics and strategies organizations should consider to ensure compliance in a changing legal landscape.
Case law around electronic discovery is changing rapidly due to evolving federal rules and court rulings. This quarterly update from Fios explores the implications of recent court decisions and the tactics and strategies organizations should consider to ensure compliance in a changing legal landscape.
In September, Congress passed and the President signed Senate Bill 2450, which enacted proposed Federal Rule of Evidence (FRE) 502. This is the first amendment to the federal rules regarding privilege since FRE 501 was enacted in 1975, and it marks a significant departure from the historic deference federal courts have paid to state law with regards to privilege. FRE 502, which authorizes federal courts to enter orders protecting the privileged status of attorney-client communications inadverten
It was only six years ago that Sarbanes-Oxley was passed by Congress with the intent on restoring public confidence after corporate scandals affected companies like Enron. However in light of recent bailout requests from AIG, Citigroup and now GM, the focus is once again on more stringent corporate governance. Join Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi with special guests Mary Mack, Corporate Technology Counsel at Fios, Inc and Professor Nancy Rapoport, Gordon & Silver
Nineteen states have now incorporated e-discovery provisions in their general civil procedure codes or have modified specialized rules for their business courts, and at least five other states have new provisions pending in 2009. Tom Allman, a prominent voice in the legal community on e-discovery rules, along with Fios' Mary Mack, provide a review of what states are doing – or not doing – about procedural rules for e-discovery.
On September 19, 2008, Rule 502 of the Federal Rules of Evidence was signed into law. So what? Well, this is actually good news for many litigants, assuming that they understand the rule and are properly prepared. Unlike the changes to Rule 26(b) implemented as part of the e-discovery amendments to the Federal Rules of Civil Procedure, the addition of Rule 502 is a change in the substantive law of privilege and waiver. However, there are some outstanding questions that only time and a few judic
The case law around electronic discovery continues to evolve as we approach the two-year anniversary of revisions to the Federal Rules of Civil Procedure. This quarterly update provides valuable and timely information on the ramifications of recent court decisions, and the tactics and strategies organizations should consider to ensure compliance in a changing legal landscape.
The recent surge in sanctions relating to the Federal Rules of Civil Procedure (FRCP) 26(g) certification requirement
increases the risk to corporate clients and outside counsel when discovery is mishandled. Engaging a qualified
e-discovery expert early in the discovery process can help create transparency, demonstrating impartiality and good
faith. This white paper discusses the rise of FRCP 26(g), the courts' rulings and increased scrutiny of the e-discovery
process and how many mistakes c
e-Discovery Standards & Best Practices
As the prevalence of sound recordings in today’s enterprises grows, new requirements for legal and regulatory compliance are accelerating the need to manage these recordings as business records. This paper outlines a new framework for managing the discovery process, specifically when audio recordings are requested.
Gigabyte for gigabyte, e-discovery in small matters often costs proportionately more than in large cases. New tools and techniques can help cut e-discovery costs in small matters, allowing cases to resolve based on merits instead of budget constraints.
Hear from leading analysts George Socha and Tom Gelbmann on the activities that took place at LegalTech New York, developments in the Electronic Discovery Reference Model (EDRM) projects and overall e-discovery trends to follow in 2009.
Hear the Executive Director of The Sedona Conference®, former U.S. Magistrate Judge Dean Carroll, and members of The Sedona Conference® Working Group on Electronic Document Retention and Production, who explore the issues addressed in The Sedona Conference® Cooperation Proclamation.
It is no secret that the majority of the cost of discovery resides in the cost of the review. Often, more than 80% of total electronic discovery costs can land here. It is exactly that metric that leads to the existence of e-discovery providers, such as Fios, who have the experience and capacity to ingest large (as in huge) amounts of raw data, disassemble that data to its lowest common level and then systematically and defensibly separate the chaff from the “potentially responsive.” This white
Litigation support professionals are continually challenged to simultaneously manage time, scope and budget constraints to complete electronic discovery projects accurately and on time. In this webcast, the speakers share project management lessons learned, and explore how applying triple constraint management concepts to project planning helps e-discovery teams achieve successful productions.
The editor interviews Mary Mack, Corporate Technology Counsel, Fios, Inc., on the biggest cost drivers today when it comes to litigation and e-discovery.
While large cases receive the most attention, the reality is that human resources litigation, internal investigations, non-class product liability claims, IP conflicts and contract disputes make up the majority of legal matters for today’s corporations. This webcast addresses how to balance the costs and risks of e-discovery across an organization’s entire litigation portfolio.