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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. -
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. -
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. -
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. -
The Impact of Discovery Limitations and Cost-Sharing on the Corporate Class Action Defendant after Zubulake ( September 2003 )
Corporate defendants today are faced with numerous discovery dilemmas stemming from the increasing use of electronic information storage. The exponential growth of computer use in both the business and private sector has led to an explosion of information stored on hard drives, floppy disks, and back-up storage devices. Data can be in the obvious form raw data, or the less obvious cookie and cache files, metadata or other embedded data. Even data believed deleted may still be retrievable from file servers. -
Document Retention Policies Revisited ( June 2003 )
A year has passed since last spring's prosecution, conviction, and collapse of Arthur Andersen based on that firm's destruction of documents. Last summer's passage of the Sarbanes-Oxley Act, which among other changes, broadened obstruction of justice statutes and enhanced criminal fraud penalties, is no longer front-page news. -
Service Providers and Contracts ( May 2003 )
As the customer, it is common and expected that you may request a contract for the work. There is no reason to feel guilty or apologetic for making sure that things are clear and you get what you paying for. -
Low-Tech, Low-Cost Document Automation Systems ( November 1999 )
This article discusses the best way to manage and retrieve documents through a three-level approach to knowledge management systems. -
Document and Record Management--Its Time has Come... ( October 1999 )
Examined are the characteristics of various document and record management systems and methods.
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