Posts Tagged ‘electronic discovery’

With the rise of corporate litigation, eDiscovery requirements are taxing already overextended corporate legal department budgets.  To relieve this budget pressure, corporate legal departments are looking for ways to become more efficient in the eDiscovery process including ESI collection, early case assessment (ECA) and review.

Attend this live webcast to learn how you can employ a proactive eDiscovery strategy to help you significantly reduce your overall litigation preparedness budget while maintaining or exceeding your legal department service levels.

“A recent proposal will mandate the current and future governors of New York to use an email archiving solution that will offer permanent access to important documents, the Times Union reports.

The most recent proposal marks the second-consecutive year New York lawmakers have passed legislation that creates more strict regulations forcing governors to submit emails to state archives. The bill’s proponents have stressed the historical benefits of integrating a government email archiving solution.

I just got back from the ILTA show in Las Vegas. I had booth duty most of the time so have little opportunity to scout the show but had several interesting conversations with attendees as they came into the Iron Mountain booth.

In the case of Arteria Prop. Pty Ltd. v. Universal Funding V.T.O., Inc., 2008 WL 4513696 (D.N.J. Oct. 1, 2008) the court made an interesting statement in reference to how website content should be treated in litigation:

The legal hold requirement is vastly misunderstood in my opinion. I have run into many corporate counsels that have the opinion;”I just send and email out to anyone in my company that could have responsive ESI asking them to be sure not to delete any data about the following subjects”. Then, if the delete something they shouldn’t have, it’s their neck, not mine or the company’s.

Many (but not all) corporate legal types consider ESI retention management as the legal hold process. Not a bad thought but really falls short of a true corporate definition of the term. To records managers ESI retention management refers to the systematic retention and disposition of the organizations electronic business records; either for the day to day running of the business, regulatory compliance or litigation support. And in this case I believe the records managers are right.

Time and time again we see news stories and legal case writes ups where it has become obvious employees still have no idea that an email is not a private communication. I find most employees, even corporate legal department types, still consider an email is like a verbal conversation in a parking lot; once its ended, it doesn’t exist anymore (unless it was recorded).

The law firm of Gibson Dunn has just published their mid-year Electronic Discovery and Information Law Update and pointed out some interesting trends. The report can be viewed here.

From the Gibson Dunn report:

Of the 103 opinions Gibson Dunn analyzed, litigants sought sanctions in 30% (or 31)–compared to 42% in all of 2009–and received sanctions in 68% of those cases (or 21)–compared to 70% in all of 2009.

I recently ran across a few articles on  U.K. developer CPC Group Ltd and Qatari Diar Real Estate Investment Co, which is the real-estate investment arm of Qatar’s sovereign-wealth fund. The decision was that Qatari Diar wrongfully backed out of a deal to redevelop London’s landmark Chelsea Barracks site after the plan was opposed by Prince Charles, a judge ruled.  

The eDiscoveryJournal, recently ran an article about desktop collection for eDiscovery and mentioned the case of Roffe v Eagle Rock, a case involving custodial self-discovery and expectations from the Judge. The transcript from the conversation between the Judge and both parties of the case can be seen here.