E-Discovering the Best of 2006!

FindLaw

By The FindLaw Editorial Staff

2006 is coming to a close, and it has been a topsy-turvy year, to say the least.

The world of Legal Technology has also had its share of ups and downs in 2006, with companies spying on their boards, the treasury department spying on money transfers, and the government spying on, well, everyone! With all the spying going on, data security was certainly on everyone's mind in 2006, and several key stories arose out of the inability of comapnies and government agencies to protect their customer and employee data. The new Federal Rules of Civil Procedure also added to the mix with new requirements for companies and other potential litigants to keep in mind as they generate gigabytes and gigabytes of information every day.

We've assembled some of the top issues in the field of e-discovery that were featured in the Legal Technology Center over the course of the past year, and we offer them up so that you can relive the highs and lows that were 2006. Enjoy, and have a wonderful holiday season and a happy New Year!

The New Federal Rules of Civil Procedure: IT Obligations For Email
The U.S. Supreme Court approved on April 12, 2006 what may be the most far-reaching change for the handling of email as evidence in all federal courts. The “Amendments to the Federal Rules of Civil Procedure” (FRCP) have significant impact because, among other things, it defines what is acceptable for discovery and disclosure in legal cases.
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Failing To Preserve Electronic Evidence Can Gut Your Case
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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E-Discovery - Do The Right Thing!
December 1 is almost here. Why is that date significant in the legal world? Because, on that date, amendments to the Federal Rules of Civil Procedure will be taking effect. The rules will govern electronic discovery - and, in theory, are supposed to reduce litigation costs.
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Collaboration and Communication: A Tactical Approach to Controlling E-discovery
As most litigation today hinges on electronic data, electronic data discovery (e-discovery) is fast becoming a significant portion of the total cost involved in litigation. This article explores the e-discovery process from pre-trial conferences to document review and focuses on how close collaboration and open communication between litigation teams and their vendors can bring about cost-effective and tailor-made solutions.
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E-Discovery: The Times, They Are A Changing
Fasten your seatbelts legal mavens – in less than six months electronic discovery as we know it will undergo some important changes. These changes are being driven by amendments to the Federal Rules of Civil Procedure (FRCP) that become effective on December 1, 2006.
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The Proposed Federal E-Discovery Rules: While Trying to Add Clarity, the Rules Still Leave Uncertainty
In recent lawsuits, the proverbial smoking gun may not be an interoffice memorandum found in a locked file cabinet. Instead, it may be an e-mail message stored and forgotten on someone's hard drive. This reality has significantly altered discovery - the process by which parties to a litigation request documents from each other; produce documents to each other; and serve and answer each other's interrogatories and requests for admission.
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Bloggers, Confidential Sources and . . . Discovery?
In a recent decision (O'Grady v. Superior Ct.), the Sixth Appellate District in California has interpreted the Stored Communications Act (18 U.S.C. §§ 2701-2712) as limiting the ability of civil litigants to obtain the contents of stored communications from Internet Service Providers (ISPs) through the subpoena process. While this is a narrow application of the law, the interpretation will significantly affect e-discovery strategies and tactics in California - especially when litigants cannot obtain the original communications from the recipient.
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Electronic Discovery