eDiscovery

FindLaw's Legal Technology Center's eDiscovery collection includes free articles on one of the biggest topics in legal technology. In 2005, the Federal Rules of Civil Procedure (FRCP) were amended to integrate electronic discovery into the litigation process. Understanding these complex rules may be crucial to the success of your legal matter.
Electronic Discovery
eDiscovery Articles
    • California Planning Its Own Set Of eDiscovery Rules

      It is no secret that the Federal Rules of Civil Procedure (FRCP) were amended at the end of 2006 to specifically address discovery of information stored electronically. Not to be outdone, the Judicial Council of California has proposed its own amendments to its Code of Civil Procedure (CCP) to deal with electronic discovery issues.

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    • Educational Institutions: It Is Time To Get Smart About Security Breaches

      We are only a little more than one month into 2008, and already this year is shaping up to be rife with data security incidents for educational institutions. There is no doubt that data maintained at universities contains private and sensitive information. Accordingly, universities should develop and follow best practices to protect this information.

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    • eDiscovery Vendors and Preserving Chain Of Custody

      While sounding so deceptively simple, many chain of custody issues are actually quite challenging to legally uphold when it comes to electronic evidence. This is because, for purposes of authenticity, all potentially relevant electronic data must be accounted for from the discovery phase all the way though trial. At trial, it is crucial to physically document the chain of custody of all potentially relevant data to disprove any actual or possible tampering.

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    • Skills, Savvy & Something More: The New eDiscovery Project Manager

      If you know hard drives, tape back-up systems and electronic data exchange protocols from A to Z, you won't necessarily make a good electronic data discovery project manager. If you're a legal professional, intimately familiar with the laws and regulations governing a specific issue in a specific jurisdiction, you may not make a good EDD manager, either. In today's multimillion-dollar, multi-million-document lawsuits and regulatory inquiries, the ideal PMs are a new, absolutely unique breed.

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    • Driving to the FRCP 26(f) Conference: Use a Map, Ask for Directions or Fly Blind?

      Pleading ignorance, real or feigned, about the details around electronically stored information (ESI) relevant to a matter can lead to (and has in many recent cases) the 3 S's of e-discovery - Spoliation, followed by "I'm Sorry," and ending in Sanctions.

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    • The Impact of Search Engines on Litigation

      Free electronic publication of court opinions has occurred for over decade, and advanced searching of this online public record has yielded some offensive results for individuals.

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    • Qualcomm and Attorneys Sanctioned for "Monumental" eDiscovery Violations
      In yet another warning about the pitfalls of e-discovery, a judge from the Southern District of California has sanctioned Qualcomm and several of its attorneys for failing to produce tens of thousands of relevant and responsive documents during its patent suit against Broadcom. The company and its lawyers apparently overlooked thousands of damaging emails during the e-discovery process, then sought to cover them up after they emerged at a critical point in the trial.

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    • eDiscovery: The Times, They Are A Changing

      Learn more about the amendments to the Federal Rules of Civil Procedure (FRCP) that became effective on December 1, 2006.

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    • Introduction to the New World of eDiscovery
      The new amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2006, forever altering the e-discovery landscape. More than ever, it is important for attorneys to understand the lifecycle of "electronically stored information" (ESI) - from its creation and storage, to its production to opposing parties.

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    • Spoliation: Dude, What Happened To My Computer?

      By now, you have probably heard about how important it is to preserve evidence related to legal proceedings. If you fail to do so, you may receive serious monetary and/or evidentiary sanctions that could essentially gut your legal case.

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