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E-Discovery Resource Center

News & Developments »

Va. Court Gets Jump on Federal "Celebrity" Predictive Coding Cases

A Virginia circuit court is beating two others to the punch when it comes to cases involving predictive coding.

Third Circuit Limits Recoverable E-Discovery Costs

The court weighed into a debate on whether broad e-discovery costs are taxable on the bill of costs under 28 U.S.C.A. § 1920 and thus recoverable by the prevailing party.

Federal Bench Begins Coming to Terms with Predictive Coding

While not an "easy button," predictive coding can greatly reduce the burden of e-discovery.

New E-Discovery Best Practices for Federal Criminal Practice

The DOJ has issued a protocol for managing ESI discovery in post-indictment federal cases, including general principles, recommendations, strategies, and a case checklist.

Articles

NY Appellate Court Adopts Federal E-Evidence Preservation Standard

By Yitzchak Fogel

The Appellate Division, First Department, has become the first New York appellate court to adopt the standard for spoliation originally established in Zubulake.

Federal Rule of Evidence 502—Lessons from the Second Year

By William H. Dance and Amy Longo

Courts have taken varying approaches to some of the core elements under Rule 502, and it may take further decisions to truly discern clear standards for its application.

Pricing Processing in E-Discovery: Keep the Invoice from Being a Surprise

By Seth Eichenholtz

Processing data in e-discovery means different things to different people, and pricing for processing has followed suit.

The Reliability, Admissibility, and Power of Electronic Evidence

By Zachary G. Newman and Anthony Ellis

While we have been learning to deal with e-discovery, metadata, email retrieval, and spoliation, litigation lawyers need to remember the basics of evidentiary procedure.

Programs and Materials »

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

• » Navigating Through a Sea of Documents: How Model Rule of Professional Conduct 4.4(B), Federal Rule of Evidence 502 and Federal Rule of Civil Procedure 26(B)(5) Will Impact the Way We Litigate and Try Cases
• » Hot Issues in Discovery: 2009 in Review
• » Discovery Checklist
• » Litigation Hold Memo

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

Getting Electronically Stored Data Admitted into Evidence

• » Lorraine’s Song: Have the Bench and Bar Been Listening to the Music?

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?

• » Guarding the Privilege: Best Practices for Electronic Document Production
• » So, You Produced a Privileged Document. Now What?
• » You Have It, But Can You Use It? How to Hold onto an Inadvertently Produced Privileged Document
   Without Burning Your Fingers

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

• » Six Sigma, the Electronic Discovery Process and the Outside Law Firm
• » Six Sigma, the Discovery Process and the Corporate Legal Department

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.

• » The “Litigation Hold” and Other ESI Moves: What You and Your Client Need to Know Before Stepping Into the Ring
  Watch seasoned advocates square off before a federal judge over a motion for an adverse inference instruction based on a failure to produce ESI. Then, step up to the microphone and participate in a discussion with a panel of experts to explore opportunities, traps, and distractions for parties facing no-holds-barred discovery fights.

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

• » 30(b)(6) Deposition Notice for Electronic Records Custodians
  This notice will be especially helpful to practitioners who are still learning about the architecture of computer systems and how electronic data is stored.

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.