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Report Link Recognizing the Risks and Avoiding the Pitfalls of eDiscovery (pdf).Vedder Price - August 27, 2008 As companies increasingly, and sometimes
needlessly, store excessive volumes of
electronically stored information (ESI), preparing
for litigation has become more complex and
particularly diffi cult for the IT personnel charged
with executing legal hold directives. The 2006
amendments to the Federal Rules of Civil
Procedure (the “Amended Federal Rules”) codifi ed
the view that ESI is discoverable and subject to
various retention requirements. The Amended
Federal Rules require that, early in the litigation,
litigants assess their data and confer about issues
relating to the discovery of ESI.1 Because of the
breadth of information stored in corporate
technology environments and because of potential
pitfalls involved in preserving ESI, in-house legal
and technology departments must work together
and communicate well in order to develop policies
that will help them prepare for a Rule 16 “econference,”
as well as admissibility issues that
may arise during the litigation. Report Link Leading the Way in E-Discovery (pdf).Littler Mendelson, P.C. - June 11, 2008 In this attorney authored article, A. Michael Weber of Littler's New York office explains the intricacies of electronic discovery in employment-related litigation and how this type of litigation is the primary vehicle for the development of E-discovery laws. "There are sui generis aspects to employment disputes that tend to incubate the growth of e-discovery problems," says Weber. Although e-discovery has proven to be detrimental to employers, Weber also explains how the preservation of electronic records may benefit the employer. Report Link E-Discovery Update: What's Happened Since the Rules Were Amended.Jackson Lewis LLP - October 25, 2007 On December 1, 2006, Congress amended the Federal Rules of Civil Procedure to address the developing area of electronic discovery ("e-discovery"). The amendments were designed to modernize the Rules and provide guidance to litigants and attorneys on their obligations to preserve and produce electronic documents. Report Link IMs As ESI: When To Save Instant Messages And How To Properly Authenticate Retained IMs (pdf).Vedder Price - August 02, 2007 Reading through the many eDiscovery
vendor whitepapers on the topic, one
would think that instant message (“IM”)
retention and archiving should be the focus
of every good eDiscovery preparedness
initiative. In a thinly veiled effort to boost
demand for their products, these vendors
have made the blanket assertion that all
companies must retain IM for discovery
purposes as a result of the amendments to
the Federal Rules of Civil Procedure (the
“Amended Federal Rules”), which went
into effect on December 1, 2006. According
to these vendors, this is so because IM
falls within the definition of electronically
stored information (“ESI”) as set forth in
the Amended Federal Rules. While organizations
must account for the Amended
Federal Rules in their eDiscovery undertakings,
the impact of IM on information
management policies is debatable. Report Link eDiscovery Update (pdf).Vedder Price - May 02, 2007 Most Organizations Have Not Taken Appropriate Steps to Manage Risks Posed by E-mails; Employers May Be at Risk for Employees' Internet Usage; Liability for Data Security Breaches Expanding. Report Link Less Paper, More Danger? (pdf).Nexsen Pruet - March 13, 2007 The U.S. Supreme Court
approved amendments to the Federal
Rules of Civil Procedure pertaining to
discovery of electronically stored
information (ESI) that took effect on
December 1, 2006. The new rules
substantially alter prior practice by
requiring litigants to, among other
things, exchange, during the initial
Rule 26(f) conference, detailed information
about ESI, including how it is
stored, whether it is being preserved
and whether the information is reasonably
accessible. Report Link Electronic Data: New Rules, New Risks.Fisher & Phillips, LLP - March 05, 2007 In recent years, far too many employers who are not sure how to protect their electronic information have allowed departing employees to take their most valuable trade secrets, degrade the value of their electronic data for litigation purposes, or have seen critical electronic evidence completely destroyed, exposing their organizations to serious civil and criminal liability. Report Link How The New Electronic Discovery Rules Affect Your Business.Fisher & Phillips, LLP - February 12, 2007 Recent changes in the Federal Rules of Civil Procedure will have an enormous impact on employment litigation over the next several years. The changes, which went into effect December 1, 2006, are designed to focus more attention on “e-discovery,” the production of electronic documents in court proceedings. These new rules will be a significant challenge for every employer who faces a lawsuit from now on. Report Link Avoiding Gotcha! Are You Ready for the New Rules on Preserving Electronic Information?Jackson Lewis LLP - February 07, 2007 New Federal Rules of Civil Procedure regarding electronic discovery, effective December 1, 2006, may induce employers who are unprepared for today's litigation to settle otherwise defensible claims, since the costs of electronic discovery can be considerable, the failure to preserve electronic information can result in severe sanctions, and the publicity given the new rules will heighten the plaintiff bar's awareness of defendants' information retention requirements. The new rules have received widespread coverage in legal, HR and the traditional news media, so their impact is expected to be considerable, even though they do not substantively change an employers' obligation to appropriately preserve information (electronic, paper or otherwise) when notified of a potential claim. As we discuss below, the rules therefore provide an important incentive for employers to implement practical electronic information retention policy, design and deploy effective litigation hold procedures and conduct supervisory and staff training to ensure policy compliance. Report Link E-Discovery: Three Major Challenges For Employers.Littler Mendelson, P.C. - January 08, 2007 The December 1, 2006 amendments to the Federal Rules of Civil Procedure have focused intense attention on the burdens and risks of electronic discovery. Employment litigation magnifies those burdens and risks for reasons typically absent from other forms of litigation. Understanding the unique aspects of electronic discovery in employment litigation is critical to protecting an organization against a plaintiff's use of electronic discovery to obtain tactical advantages that could lead to an undeserved settlement or an unwarranted and disproportionate jury verdict. Report Link Employment Law Update: New Rules on Electronic Discovery Now in Effect (pdf).Nexsen Pruet - January 03, 2007 Amendments to Rule 26 of the Federal Rules of Civil Procedure pertaining to the exchange of electronic data during course of litigation went into effect on December 1, 2006. Report Link New Rules Tighten Requirements For Electronic Document Discovery (pdf).Ogletree Deakins - December 06, 2006 Employers must prepare in advance to satisfy duty to preserve documents. Report Link Court Dismisses Case for Failure to Preserve Electronic Evidence.Ford & Harrison LLP - August 21, 2006 In a case that demonstrates the importance of complying with court orders regarding electronic discovery and the depth of information that can be obtained from computer files, a federal court in Illinois dismissed a former employee’s breach of contract case against his ex-employer because the former employee deleted, altered or modified thousands of files on a laptop computer after receiving notice that the computer’s contents were the subject of litigation. Report Link Electronic Discovery: The Rules are Changing.Elarbee, Thompson, Sapp & Wilson, LLP. - May 04, 2006 The Supreme Court is revising several Federal Rules of Civil Procedure to address escalating litigation disputes over electronic discovery. Effective December 1, 2006, these amended rules will define the scope of electronic discovery, the burden of proof related to cost issues associated with electronic discovery, and require parties to discuss electronic discovery issues early in the litigation process. Report Link Top Ten Mistakes Clients Make In Electronic Discovery (pdf).Nexsen Pruet - February 07, 2006 "Top Ten Mistakes Clients Make In Electronic Discovery" was published on the web site of the Commercial and Business Litigation Committee of the Litigation Section of the American Bar Association. Report Link Five Common Mistakes Lawyers Make In Electronic Discovery (pdf).Nexsen Pruet - February 07, 2006 "Five Common Mistakes Lawyers Make In Electronic Discovery" was published on the web site of the Commercial and Business Litigation Committee of the Litigation Section of the American Bar Association. Report Link Nuts and Bolts of Creating a Records Retention Schedule (pdf).Vedder Price - May 18, 2005 There is no cookie-cutter approach to creating an effective document retention program. Report Link Voicemail: The Latest Target for Electronic Discovery.Thompson Hine LLP - February 15, 2003 If you thought that litigation and government scrutiny already were intrusive, get ready for another possible imposition.
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ArticlesFound: 18 ArticlesNO SUBTOPICSEmployment Law Seminars
Managing Business Exposures Successfully: Are You "All In" For The Continual Wave Of Workplace Risks?
Irving
2008-9-4 Jackson Lewis LLPTOP TEN WAYS TO VIOLATE WAGE-HOUR LAWSSacramento
September 9, 2008 Shaw Valenza LLPUnlocking The Mystery Of Employee Privacy RightsLos Angeles
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsCosta Mesa
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSacramento
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSan Francisco
2008-9-9 Jackson Lewis LLPEmployee vs. ContractorColumbia
September 9, 2008 Nexsen PruetEmployee Free Choice Act: Labor’s Attack on Your Employees’ Right to ChooseOnline
September 9, 2008 McGuire WoodsThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActStamford
2008-9-10 Jackson Lewis LLPHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSan Francisco
September 11, 2008 Shaw Valenza LLP |
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