Next year marks the tenth anniversary of the groundbreaking opinions in Zubulake v. UBS Warburg, the high-stakes employment case in which federal Judge Shira Scheindlin laid down the law on ediscovery. Judge Scheindlin’s opinions, coming out of the influential Southern District of New York, made new law that many lawyers believe triggered the 2006 electronic [...]

By Francis Rojas A glimpse of news articles and discussions flags that we are no longer a one-man-island.  Everything that happens, is either recorded in an email, text, or picture for instance.  Even if you delete these files, your computer still retains a copy or part of the copy of the deleted file.  In the [...]

Proactive Retention Means Effective Preservation in eDiscovery It is axiomatic that the law helps those who help themselves.  Perhaps nowhere is that truism more applicable than in the context of electronic discovery.  The organization that implements an effective information governance strategy – including developing reasonable data retention policies – will likely avoid court sanctions and [...]

For Key Employees’ Bad Faith, Intentional Spoliation, Court Imposes Adverse Inference and Monetary Sanctions E.I. Du Pont De Nemours & Co. v. Kolon Indus., Inc., No. 3:09cv58, 2011 WL 2966862 (E.D. Va. July 21, 2011) The court found that defendant breached its preservation duty when key employees intentionally deleted ESI in bad faith.  Acknowledging Kolon’s [...]

by Robert D. Brownstone Hidden away in corporate databases are some nasty ticking time bombs. Nonetheless, few companies think much about the risks of electronic discovery until they face serious litigation. But there are ways for you to avoid the substantial costs and risks from “eDiscovery” before you get hit with lawsuit-related fishing expeditions – [...]

Most of my clients are on a limited budget, so they don’t have much money to spend on attorney’s fees, and they certainly don’t have much money to spend on e-discovery and preservation of electronic evidence on computers or other data (also know an electronically stored information or ESI). The reality of small firms is [...]

As people are increasingly using social networking sites like Facebook, Twitter, YouTube, and others, the evidence that people post on those sites becomes more important in lawsuits. This video explains the importance of these issues and the basic considerations with obtaining electronic discovery of evidence on social networking sites.

If you are new to the concept of electronic discovery, here is a great video that illustrates what e-discovery is and why business owners, employees, and attorneys should care.

Information technology has advanced more in the last five decades than it has in the entire history of man. As it has advanced, so has the amount of information being created, transferred and stored increased exponentially. This is especially true in organizations where paperless or email communications have almost entirely replaced paper-based communications. The ease [...]

There is an interesting conversation occurring in the E-Discovery Forum regarding how attorneys can handle e-discovery in an inexpensive manner in small cases where the parties cannot afford a computer forensic expert or the other onerous costs that can be associated with electronic discovery. These tips may be useful to attorneys in family law cases [...]