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Helpful Tips for Electronic Document Management in Construction Litigation ( January 2007 )
It's not uncommon today for parties involved in construction litigation to request or receive documents in electronic form. Most of us have experienced receiving or producing documents on CD/DVDs by now. However, electronic document management is relatively new to the litigation process. -
An Expert's Escapade, a Cautionary Tale ( March 2007 )
Call it the case of the Renegade Expert. A federal judge's 78-page order enjoining an expert involved in Zyprexa mass-tort litigation from releasing documents serves as a cautionary tale for any lawyer operating under a judicial gag order. -
Electronic Discovery Under the New Federal Rules ( January 2007 )
Amendments to the Federal Rules of Civil Procedure governing electronic discovery took effect on December 1, 2006. Litigators must familiarize themselves with the new rules, which create a procedural framework for addressing electronic discovery issues, while leaving substantive issues for continued development by the courts. -
Electronic Information - A Trap for the Unwary in Business Litigation ( April 2006 )
In 2005, a court-ordered statement of facts, attributable in part to the spoliation of electronic information, led to a $1.45 billon jury award against Morgan Stanley & Co. This case is one of many confirming that courts are not willing to relax discovery requirements or overlook discovery abuse because data is maintained electronically. Today, the majority of commercial data and corporate communications are either stored or transmitted electronically consequently requests for electronic information ("e-discovery") are common in business litigation. -
Controlling the Cost of E-Discovery Through Preparation and an Organized Response ( December 2005 )
The sending of a "preservation" letter is rapidly becoming the norm in litigation today. The typical preservation letter demands that your client sequester its entire computer network and each employee’s PC at Fort Knox, pending the final resolution of either anticipated or currently pending litigation. Such tactics are clearly designed to raise the cost of litigation while at the same time positioning your opponent to seek a spoliation instruction as well as any other sanction that the presiding court may order against either the client or the attorney in charge. -
Controlling the Cost of E-Discovery Through Preparation and an Organized Response ( December 2005 )
The sending of a "preservation" letter is rapidly becoming the norm in litigation today. The typical preservation letter demands that your client sequester its entire computer network and each employee’s PC at Fort Knox, pending the final resolution of either anticipated or currently pending litigation. Such tactics are clearly designed to raise the cost of litigation while at the same time positioning your opponent to seek a spoliation instruction as well as any other sanction that the presiding court may order against either the client or the attorney in charge. -
EDD Showcase: Ignore EDD at Your Peril ( December 2006 )
Gone are the days when parties and counsel could claim ignorance of the technical and legal issues involved in preserving electronic records associated with matters in litigation. As Judge Shira Scheindlin wrote in Zubulake v. UBS Warburg LLC , 2004 WL 1620866 (S.D.N.Y. July 20, 2004) "Now that the key issues have been addressed and national standards are developing, parties and their counsel are fully on notice of their responsibility to preserve and produce electronically stored information." -
What Every Business Owner Needs To Know About Electronic Discovery ( May 2005 )
"Electronic discovery" does not refer to a simple, cheap means of responding to requests for information and documents in litigation. It involves searching your company's computer network to locate and produce potentially large volumes of electronically stored items, e.g. emails, attachments, spreadsheets and drawings, and may include producing metadata (data hidden in documents regarding authors and times of document creation) and drafts of documents that have been "deleted" from computers. -
Big Guns: Involving Senior Lawyers in Cases from the Outset Leads to Better Results and is More Cost-Efficient. ( May 2004 )
In this economic climate and in the current competitive legal marketplace, virtually all companies are focused on reducing the expenses associated with retaining outside counsel to handle litigation and transactions. When deciding which law firm to retain, companies are keenly interested in hourly billing rates. Indeed, in some instances the amount of the hourly billing rates is the decisive factor in selecting one law firm over another. -
Document Retention In The Digital Age: How Long Is Long Enough? ( September 2004 )
The advent of the "paperless society" has been a boon for fastidious record keepers and the lazy alike. With storage capacity expanding to unfathomable dimensions and storage costs per bit of data approaching zero, the incentive to discard, at least at first blush, has been virtually eliminated. However, another trend, the rapid increase in the number of lawsuits, as well as the ever-present risk of government enforcement actions, provide ample justification for doing more than retaining indefinitely an undifferentiated mass of electronic documents.
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