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eDiscovery - Page 4

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
  • Former Cendant Compliance Chief Opens Firm Specializing in Records Management and eDiscovery
    Provided by Lexakos
    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.

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  • Controlling eDiscovery Cost: Preparation and Organized Response
    Provided by Martin D. Beirne and Donald W. Towe and David A. Pluchinsky of Beirne, Maynard & Parsons
    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.

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  • EDD Showcase: Ignore EDD at Your Peril
    Provided by Mark A. Waite and Andrew B. McGill of Beirne, Maynard & Parsons
    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."

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  • Failing To Preserve Electronic Evidence Can Gut Your Case
    Provided by Eric Sinrod of FindLaw
    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.

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  • EDRM Announces XML Standard for eDiscovery Industry
    Provided by The Electronic Discovery Reference Model
    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.

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  • SearchInform releases IMSniffer
    Provided by SearchInform Technologies
    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.

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  • Attenex Announces Support for EDRM XML Standard for eDiscovery
    Provided by Attenex Corp.
    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.

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  • The Most Significant eDiscovery Cases under New FRCP
    Provided by Kroll Ontrack, Inc
    As the one year anniversary of the amended Federal Rules of Civil Procedure (FRCP) approaches, Kroll Ontrack, the industry's largest provider of electronic discovery and computer forensics services, today announced a breakdown of the reported electronic discovery opinions from 2007 as well as a list of the year's top five most significant discovery cases.

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  • Spoliation: Dude, What Happened To My Computer?
    Provided by Eric Sinrod of FindLaw
    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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  • Qualcomm and Attorneys Sanctioned for "Monumental" eDiscovery Violations
    Provided by Kevin Fayle of FindLaw
    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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