Relevant Resources
ED101 - e-Discovery Fundamentals
First, the GC relied on old documentation to reduce the scope of discovery and ended up broadening it. Next, the GC negotiated common search terms across the entire enterprise rather than narrowing by custodian, department, location, or file attributes such as a date range.
Advanced Electronic Discovery
As the costs of litigation and e-discovery continue to soar, the U.S. Congress is considering legislation that would create a new Federal Rule of Evidence (FRE) impacting privilege. If enacted into law, proposed FRE 502 will substantially change current laws around the waiver of the attorney-client privilege and work product protection. Ronald J. Hedges, counsel at Nixon Peabody LLP and former U.S. magistrate judge, will discuss the history, purpose and potential impact of this important legisla
Electronic evidence preservation and collection has been the bane of 21st century litigation. The failure of many corporations to account for their own information has compromised their litigation efforts even before stepping into the courtroom.
In light of the December 1, 2006 amendments to FRCP 26(b)(2), what should your company do to minimize risk and expenses associated with E-Discovery: Third parties who possess your data: how far does the litigation hold requirement extend? Cost shifting by non-parties under FRCP 45: the latest case law developments; Ensuring consistency and the question of national e-discovery counsel; Malpractice and counsel's duties: are the Zubulake and Morgan Stanley opinions a high water mark or the new stan
Inexpensive storage technology, expanding networks, the explosion of data, new data formats,
and stricter regulations and tighter timeframes are putting enterprises at risk when they are
required to respond to electronic discovery requests. For the purpose of this paper, enterprises incorporate all large organizations, including corporations, governmental agencies, regulated
utilities, etc. Networks and data storage have moved beyond corporate walls and desktops.
On September 20, 2005, the Judicial Conference Committee on Rules of Practice and Procedure sent the proposed electronic discovery amendments to the Federal Rules to the Supreme Court for its consideration.
Emerging Trends
Corporations are facing considerable changes where law and technology are concerned. There have been hints to the changes emerging for years. However, the forces causing this transformation have converged within recently and are necessitating a new way of thinking. Four factors are influencing these changes: The Amendments to the FRCP; The rapid growth of corporate data and networks; Technological innovations; Expanding capabilities and services offered by outside electronic discovery experts.
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
First, the GC relied on old documentation to reduce the scope of discovery and ended up broadening it. Next, the GC negotiated common search terms across the entire enterprise rather than narrowing by custodian, department, location, or file attributes such as a date range.
Forrester's Barry Murphy conducts an executive podcast interview with Prashant Dubey, General Manager of Fios' Discovery Management Services Consulting group, to talk about e-discovery and the role of IT as a legal department business process mentor.
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
An ESI Content Map is a concise summary of an organization’s electronic data sources for use by parties who don’t need to know every minute detail about the IT infrastructure.
Electronically Stored Information, cost-shifting arguments, clawbacks and disclosures. The list of new requirements and regulations is confusing and fraught with risk. Help your company understand the requirements of the amended Federal Rules of Civil Procedure (FRCP) with practical and proven suggestions as to how your company can mitigate the risks associated from inadequate e-discovery planning.
Forrester's Barry Murphy conducts an executive podcast interview with Prashant Dubey, General Manager of Fios' Discovery Management Services Consulting group, to talk about e-discovery and the role of IT as a legal department business process mentor.
In today’s litigious environment, both
law firms and corporations are under
mounting pressure to be much
more proactive and process oriented
when managing electronic discovery
requests. This need is further compounded
by the amendments to the
Federal Rules of Civil Procedure
(FRCP) that went into effect on
December 1.
On September 20, 2005, the Judicial Conference Committee on Rules of Practice and Procedure sent the proposed electronic discovery amendments to the Federal Rules to the Supreme Court for its consideration.
Rule 26(f) now requires that 21 days before a Rule 16(b) scheduling conference, the parties are to meet and confer to discuss any issues relating to preserving discoverable information; to develop a proposed discovery plan; to discuss any issues related to disclosure or discovery of electronically stored information (ESI), including the form or forms in which it should be produced; and to discuss any privilege issues, including the potential for a "clawback" agreement to be included in a court o
The amended Federal Rules of Civil Procedure require many procedural changes for lawyers and clients. But, what about privilege? In an effort to bring greater efficiency and reduce costs for litigants, new provisions effecting privilege can be landmines. In this Fios Series webcast, David M. Simon explores some of the potential pitfalls—and opportunities—that the FRCP changes have brought about.
The Editor of Metropolitan Corporate Counsel interviews Brad Harris, Director, Discovery Center of Excellence, Fios, Inc. about the impact of the amendment to the Federal Rules of Civil Procedure.
The FRCP Amendments have created an entirely new context for implementing common law preservation obligations involving electronically stored information. This webcast helps explain exactly how the Amendments impact the triggering and implementation of preservation of both accessible and inaccessible sources, including active data, backup media, legacy data and individual hard drives. It will also touch on related issues relating to the form in which information must be preserved.
When the amendments to the Federal Rules of Civil Procedure went into effect on December 1, a whole new playing field was created for companies having to comply with the new "meet and confer" requirements under FRCP Rule 26(f) and 16(b). What's more, it's still unclear as to exactly what must be prepared and presented at these conferences. Marie Lona will discuss the impact of FRCP Rules 26(f) and 16(b) and how to proactively plan so you can live up to the rules and stay in compliance with the r
With just one year of experience under the Amended Federal Rules of Civil Procedure, the states are getting into the act. More than half of the states have enacted or reviewed rules for electronic discovery and are in varying stages of development and implementation. This Fios webcast brings back Tom Allman, a prominent voice in the legal community on electronic discovery rules and Mary Mack, technology counsel at Fios, for an hour-long review of what state's are doing, and not doing, about elec
e-Discovery Standards & Best Practices
Interview with Brad Harris, Director, Discovery Center of Excellence, Fios Inc. and Barry Murphy, Principal Analyst at Forrester Research