eDiscovery - Page 3
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
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With the ever-increasing expansion of multinational corporations and globalized business transactions, it is exceedingly likely that attorneys will eventually have to conduct cross-border e-discovery investigations at some point in their careers. E-discovery can already be incredibly complex in a single-country context, and adding new countries, with different rules pertaining to electronically stored information, only intensifies that complexity. -
One of the more significant recent amendments to the Federal Rules of Civil Procedure creates a new "Safe Harbor" provision which, generally speaking, will preclude a court from imposing sanctions against a party for the destruction of electronically stored information if such destruction occurred pursuant to the "routine" operation of an electronic storage system. This operation must occur in good faith - but what exactly does that mean? -
Researchers at Xerox Corporation (NYSE: XRX) today unveiled FactSpotter, new document search software that goes beyond conventional "keyword" search, enabling it, in effect, to spot the one or two golden nuggets among the pebbles on the shore. Xerox plans to launch FactSpotter next year as part of its Xerox Litigation Services offerings, which include electronic discovery (e-discovery) services that primarily support legal and regulatory compliance. -
As the December 1 effective date approaches for new federal rules requiring early disclosure of electronically stored information (ESI) in every court case, the former head of compliance for Cendant has established an advisory group to assist organizations and legal-services providers in navigating what will be rough seas ahead. -
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. -
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." -
If you want to succeed in litigation these days, it is imperative that relevant electronic data be preserved. The destruction of such data can lead to serious adverse evidentiary inferences, as illuminated by a very recent case. -
The Electronic Discovery Reference Model ("EDRM"), an industry group created to develop and establish practical guidelines and standards for electronic discovery, today announced that it has developed an Extensible Markup Language (XML) standard for the easy transfer of electronically stored information (ESI) to and from applications involved in different phases of the discovery process. -
SearchInform Technologies announces a new product from its information security line - SearchInform IMSniffer, a product designed to intercept all instant messenger traffic within the network. -
Attenex Corp., a leading e-discovery software provider, today announced support for a new Extensible Markup Language (XML) standard, developed by the Electronic Data Reference Model (EDRM) group. This standard is the first of its kind to enable the easy transfer of electronically stored information (ESI) to and from applications involved in different phases of the discovery process.