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E-Discovery Resource Center

News & Developments »

Court Declines to Require Predictive Coding for Privilege Review

The decision is part of the class-action litigation surrounding the Freedom Industries chemical spill in West Virginia.

Party Cannot Use Predictive Coding to Contravene Discovery Protocol

The plaintiff abandoned an agreed-upon discovery protocol in favor of predictive coding after discovering the extent of documents and expense involve.

Based on ESI Advances, Party's Argument of Discovery Burdens Rejected

The decision is notable in two respects.

Considering a 30(b)(6) Deposition to Explore E-Discovery Methods?

A couple of recent decisions address a party's ability to use a Rule 30(b)(6) deposition to inquire about an opponent's e-discovery methodology.


The Real Application of FRCP 1 to E-Discovery

By Regan Kirk, Kevin Broughel, and Carla Walworth

Aspire to keep it manageable.

Strategic Use of E-Discovery Counsel to Manage Risk and Cost

By Jeffrey C. Sharer and Colleen M. Kenney

Complex and rapidly changing law and technology make e-discovery counsel a wise investment, if not an ethical requirement.

Judge Scheindlin Addresses Keyword Searches

By Andrew J. Herink

The best-known SDNY judge on e-discovery outlines more best practices.

Technology-Related Ethics Rules Changes Litigators Must Understand

By Seth H. Row

New changes to the Model Rules of Professional Conduct take into account e-discovery challenges.

Programs and Materials »

2010 ABA Section of Litigation Annual Conference, April 21–23, 2010 (New York, NY)

2009 ABA Section of Litigation Annual Conference, April 29–May 1, 2009 (Atlanta, GA)

Getting Electronically Stored Data Admitted into Evidence

Hey You Can’t Use That! What Happens When the Parties Don’t Agree on Whether the Producing Party Is Entitled to Get an Inadvertently Produced Privileged Document Back?

I Want It All v. Lean Six Sigma: Strategies to Effectively Utilize Rule 26 Pretrial Procedures, Document Production Protocols and Technology

2008 ABA Section of Litigation Annual Conference, April 16–18, 2008 (Washington, D.C.)

  • » Managing Technology Overload
    Technology has brought attorneys a flood of e-mail, incessant calendar pop-ups, and seemingly infinite amounts of information on the Internet. This program will offer a series of easy, practical tips that make use of your existing software, such as Microsoft’s Outlook, and make use of the Internet to increase productivity, strengthen time management, and tame the information flow.

ABA First Annual Symposium on E-Discovery: April 2007, Chicago, IL

  • » E-Discovery Checklist for Rule 26(f) Meet and Confer
    This checklist is a “must” for anyone preparing for a pretrial conference. It outlines e-discovery topics for consideration and discussion with clients before the conference and opposing counsel at the conference.

ABA Annual Meeting: 2006 Honolulu, HI

E-Discovery In Practice: Mock Deposition of 30(b)(6) Electronic Document Custodians


Resources »

» The Sedona Conference® has extensive publications in multiple categories, such as:

» The Sedona Conference® International Principles on Discovery, Disclosure & Data Protection: Best Practices, Recommendations & Principles for Addressing the Preservation & Discovery of Protected Data in U.S. Litigation (European Union Edition, Public Comment Version, December 2011) (Publication copyrighted by The Sedona Conference®)

» The Sedona Conference® Database Principles Addressing the Preservation and Production of Databases and Database Information in Civil Litigation (Publication copyrighted by The Sedona Conference®)

» The Federal Judicial Center’s Materials on E-Discovery Civil Litigation offer a number of valuable and free materials, including, for example, Managing Discovery of Electronic Information: A Pocket Guide for Judges.

» The K&L Gates database of electronic discovery cases collected from state and federal jurisdictions around the United States.

» Harvard’s Digital Discovery Library includes a number of articles on electronic discovery including The Federal Rules of Civil Procedure: The Impact of Digital Discovery.

» Kroll Case Law Update and Trends covering electronic discovery

» The Law.com Electronic Data Discovery Resource Center - Law.com

» LexisNexis Applied Discovery Law Library

» E-Discovery amendments to the Federal Rules of Civil Procedure, effective December 1, 2006, addressed a number of electronic discovery issues: E-Discovery Amendments and Committee Notes.