Archiving Today Means Less Headaches Tomorrow
A significant majority of business communication is conducted via e-mail. Once other forms of electronically stored information are calculated into the mix, organizations that are heavily regulated and...
View ArticleOklahoma Amends Code of Civil Procedure
On November 1, 2010, amendments were made to Oklahoma’s Code of Civil Procedure that address electronically stored information. These amendments are largely analogous to the Federal Rules of Civil...
View ArticleNorth Carolina Proposes Ediscovery Amendments
North Carolina has now joined the growing numbers of states that have either taken action or are currently considering action to amend state civil procedure rules to address electronic discovery....
View ArticlePennsylvania Proposes Amendments to Civil Procedure Rules
Proposed Recommendation No. 249: Proposed Amendment of Rules 4009.1, 4009.11, 4009.12, 4009.21, 4009.23, and 4011 Governing Discovery of Electronically Stored Information with Explanatory Comment...
View ArticleAre “Document Dumps” Unconstitutional?
Producing mountains of electronically stored information (ESI) is an unfortunate hallmark of the ediscovery process, but when productions are especially voluminous or unmanageable, they earn the...
View ArticleWhen Duty Calls and When It Doesn’t – Revisiting the Duty to Preserve
If anyone doubts that those who don’t learn history are doomed to repeat it, maybe ediscovery case law can change your mind – a great place to start is with cases dealing with spoliation and failure to...
View ArticlePreserve Electronic Evidence, Preserve Justice
For the last decade, electronically stored information (ESI) has been an increasingly dominant source of evidence in civil litigation as business communication has shifted to electronic media. But the...
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Cost-Shifting in the Era of Big Data
As children, we’re taught the importance of fair play. As adults, we often learn that “fairness” is a rather amorphous concept. In litigation specifically, what’s “fair” tends to vary greatly by...
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What US Legal Ediscovery Professionals Can Learn from the New UK Rules of...
In the last year, Americans have had a great deal of exposure to our British ally across the pond: we caught glimpses of the Queen’s Diamond Jubilee, we were awed by the London Olympics, and don’t even...
View ArticleIt’s Your Turn! Vote Today for the National Law Journal’s ‘Best of 2016’
The polls are open, and it’s awards season. Whatever your persuasion, it’s your turn to vote. The National Law Journal recently announced the finalists for its ‘Best of 2016,’ and Kroll Ontrack is...
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