E-Disc Law Blog

Bow Tie Law's Blog recently wrote that Telling the Judge ESI is "Expensive" is not an Excuse for Failing to Produce.

Case in Point provided a little humor on The "Dog Ate My Hard Drive" Defense.

e-discovery 2.0 continued its series on reducing e-discovery costs in How to Reduce Electronic Discovery Costs part III: Early Case Assessment.

e-Discovery Insights began analyzing the new California Electronic Discovery Act in a post entitled 1st Things 1st: The Litigation Hold Letter.

Bow Tie Law's Blog wrote Swimming in the Deep End: Treading Water in e-Discovery Cases which discussed the issues of cost shifting, metadata, and privilege logs arising in a recent case from Massachusetts. 

E-Discovery Bytes recently posted Coming Soon to A Wisconsin Courtroom Near You? which discusses the upcoming changings to the Wisconsin rules of civil procedure.

While on the topic of new rules, e-discovery 2.0 recently posted California Enacts Elecronic Discovery.

e-Lessons Learned recently posted Timber! Court Chops Down Government's Spoliation Case which discusses a recent decision finding that the unintentional spoliation of evidence did not warrant sanctions. 

Legal Holds and Trigger Events blog recently posted a link and information on a One Hour Podcast on Developing and Implementing Defensible Legal Holds.

Bow Tie Law's Blog wrote Keep on Trucking: Data Productions or Summaries, an analysis of a recent court decision finding that Rule 34 does not require a party to produce summaries upon request.

Electronic Discovery Law recently posted about a case in which "Inhibited Ability to Participate Meaningfully in Electronic Discovery" Results in Reduction of Rate of Recoverable Attorney's Fees.

Ride The Lightning recently posted Much Ado About Nothing? Computer Forensics and the Melendez-Diaz Case which found that allowing a forensics lab to present a certificate of its findings to the court without producing an analyst for cross examination violated a defendant's Sixth Amendment Right.

Bow Tie Law's Blog discusses the importance of indicating the form of a production request in A Motion to Compel Camera Phone Photo. 

e-discovery 2.0 discusses the evolution of pricing when it comes to processing data in an electronic discovery project in Electronic Discovery Services: The Price is Right?

InfoGovernance Engagement Area responded to the previous post in Maslow's Hierarchy of Electronic Discovery Risk? Beyond Safety In Pricing

e-Discovery Insights discusses recent caselaw developments in Case Got Your Tongue? "Don't Tase Me, Bro!"

Electronic Discovery Law discusses Doppes v. Bentley Motors, Inc. in which the Appellate Court Finds Trial Court Abused its Discretion by Failing to Impose Terminating Sanctions for Discovery Abuses, Directs Entry of Default Judgment.

Orange Legal Technologies released an ebook yesterday entitled "Considering Meet and Confer." The book is provides notes, articles, and references for key areas to assist attorneys in meeting FRCP 26(f) requirements.  Hat tip to InfoGovernance Engagement Area for pointing me toward this one.

Workforce Management published an article on electronic records management problems businesses are currently facing.  Electronic Records Management: File This Under 'More Work Needed'

Bow Tie Law's Blog wrote about The Return of Covad Communications: Forensic Imaging of Databases & Email Servers.  The post discusses the issues involved in Covad Communs. Co. v. Revonet, Inc. which involved a detailed discussion of forensic examinations.

E-Lessosn Learned has a post about courts applying the business records hearsay exemption to digitally produced evidence–"Conspiracy and Cocaine and Computers, Oh my!"

Ride The Lightning followed up a previous post on securing PDF files with a discussion of comments received from a vendor in Securely Locking Down PDFs Redux.

Here is a quick survey of activity going around around the e-Discovery Universe this morning:

Bow Tie Law’s Blog recently wrote about The Plumbing of a Motion to Compel, the discussion of a failed argument to avoid the production of ESI because of undue burden.

The Delaware Corporate and Commerical Litigation Blog recently provided two posts of interest.  The first discussed Four Recent Chancery Court Decisions on Electronic Discovery Issues.  The second discussed a recent article written on Rule 502 and eDiscovery in Delaware.

e-Lessons Learned recently posted E-Lesson Through Cliches: Don’t Judge a Book by Its Cover, a discussion of how Arizona’s definition of public records does not include metadata and thus it is protected from a presumption of disclosure as a public record.

Electronic Discovery Blog recently discussed a case where Untimely objections doom motions to compel.

Ride The Lightning offered an endorsement of a new book on e-Discovery, Electronic Evidence and Discovery: What Every Lawyer Should Know.