How to avoid death by backup in e-Discovery

Ed Valio | April 19th, 2010 - 9:09 am
How to avoid death by backup in e-Discovery

From Information Week:  ”Many organizations are sitting on stockpiles of dangerous materials. No, we’re not talking about hazardous chemicals or unstable explosives. We mean backup tapes, which are routinely included in requests to produce electronically stored information (ESI) as part of potential or ongoing litigation.
The e-discovery realm is rife with cautionary tales of organizations tripped [...]

A primer on e-Discovery ethics

Ed Valio | April 1st, 2010 - 1:26 pm
A primer on e-Discovery ethics

From Practical e-Discovery:  ”Lawson v. Sun Microsystems, Inc., 2010 WL 503054 (S.D. Ind. February 8, 2010) - Lawson is an ediscovery decision that has flown under the radar of most bloggers and legal commentators. It is a relatively short opinion, addressing whether sanctions should be imposed on the plaintiff and his former attorneys after the plaintiff [...]

In-House Counsel Sanctioned for Defendant’s Failure to Preserve Evidence

Ed Valio | November 1st, 2009 - 9:34 pm

From Ralph Losey’s “e-Discovery Team” blog:
”Many courts have imposed monetary sanctions against outside counsel of record for their negligence in working with their clients to preserve evidence. See eg., Green v. McClendon, 2009 WL 2496275 (S.D.N.Y. Aug. 13, 2009) (discussed before in Mathematical Formula for Justice Proves the Importance of ESI in Civil Litigation). But [...]

AZ Supreme Court: Metadata is public record

Ed Valio | October 29th, 2009 - 10:52 pm
AZ Supreme Court: Metadata is public record

From ARS Technica:
”The Arizona state Supreme Court has ruled that the metadata attached to public records is itself public, and cannot be withheld in response to a public records request. Such a ruling on file metadata may not seem like a huge win for open government advocates, but it definitely is, given that metadata has [...]

Things to Think About for Your Rule 26(f) Meeting

Ed Valio | October 27th, 2009 - 7:40 am
Things to Think About for Your Rule 26(f) Meeting

From Bow Tie Law’s Blog:
In a case management hearing, the parties were directed to consider the following electronically stored information (ESI) issues at their Rule 26(f) conference for drafting their proposed Rule 16(b) order:
With regard to any discoverable electronically stored information (ESI) the parties may have, the Court further requests that the joint discovery plan [...]