| RESOURCES |
The Sedona Conference® Working Group on Electronic Document Retention and Production just released
its newest publication regarding electronic document productions, "The Sedona Principles: Second Edition
(2007)". The Second Edition includes a handy chart on page 5 which cross-references to the amended
Federal Rules of Civil Procedure, as well as citations to leading case law and court rules. The publication is
available for free download at....
http://www.thesedonaconference.org/dltForm?did=TSC_PRINCP_2nd_ed_607.pdf
its newest publication regarding electronic document productions, "The Sedona Principles: Second Edition
(2007)". The Second Edition includes a handy chart on page 5 which cross-references to the amended
Federal Rules of Civil Procedure, as well as citations to leading case law and court rules. The publication is
available for free download at....
http://www.thesedonaconference.org/dltForm?did=TSC_PRINCP_2nd_ed_607.pdf
Review the text of the March 2, 2007 Order of USDC, District of Colorado Magistrate Judge Craig B.
Shaffer in Cache La Poudre Feeds, LLC v. Land O'Lakes, Inc., et al. imposing monetary sanctions relating to
failure to preserve electronic evidence, and detailing issues regarding obligations of "The Litigation Hold".
(CLICK HERE)
Shaffer in Cache La Poudre Feeds, LLC v. Land O'Lakes, Inc., et al. imposing monetary sanctions relating to
failure to preserve electronic evidence, and detailing issues regarding obligations of "The Litigation Hold".
(CLICK HERE)
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ABA 08/05/06 Formal Opinion 06-442: Review & Use of Inadvertently Produced Metadata - it's allowable,
as long as you inform the party responsible for the inadvertent production that you are in possession of it.
CLICK HERE
as long as you inform the party responsible for the inadvertent production that you are in possession of it.
CLICK HERE
DC Bar Association Sept. 2007 Ethics Opinion 342. Review & Use of Inadvertently Produced Metadata
constitutes an ethics violation. CLICK HERE
constitutes an ethics violation. CLICK HERE
CLICK HERE to view the August 21, 2007 USDC, MD of Florida Order from In Re: Seroquel where
sanctions were awarded due to "purposely sluggish" defense counsel failing to provide electronic evidence
in a "reasonably usable format". Problems included lack of bates labels, document breaks, load files and
parent / attachment relationships. "It is not appropriate to seek an advantage in the litigation by failing to
cooperate in the identification of basic evidence."
sanctions were awarded due to "purposely sluggish" defense counsel failing to provide electronic evidence
in a "reasonably usable format". Problems included lack of bates labels, document breaks, load files and
parent / attachment relationships. "It is not appropriate to seek an advantage in the litigation by failing to
cooperate in the identification of basic evidence."
Review the text of the November 13, 2007 Order of USDC, District of Colorado Magistrate Judge Boyd
Boland in Garcia v. Berkshire Life Insurance Company of America granting, in part, defendant's Motion to
Compel plaintiff's counsel to produce electronic data. "Technical incompetence with respect to computers..."
found not to be a viable argument for failure to produce relevant electronic evidence. (CLICK HERE)
Boland in Garcia v. Berkshire Life Insurance Company of America granting, in part, defendant's Motion to
Compel plaintiff's counsel to produce electronic data. "Technical incompetence with respect to computers..."
found not to be a viable argument for failure to produce relevant electronic evidence. (CLICK HERE)
Review the text of the April 19, 2007 Order of USDC, District of Colorado Magistrate Judge Michael J.
Watanabe in Metro Wastewater Reclamation District v. Alfa Laval, Inc. granting defendant's Motion to
Compel electronic records where plaintiff argued production of same would be too costly. (CLICK HERE)
Watanabe in Metro Wastewater Reclamation District v. Alfa Laval, Inc. granting defendant's Motion to
Compel electronic records where plaintiff argued production of same would be too costly. (CLICK HERE)
December 1, 2006 Federal Rules of Civil Procedure (CLICK HERE)
CLICK HERE to view the January 7, 2008 USDC, SD of California Order from Qualcomm v. Broadcom
where Qualcomm is ordered to pay Defendant $8,568,633.24 in monetary sanctions, and individual
attorneys for Qualcomm were referred to the California State Bar, due to a “monumental discovery violation”
where Qualcomm attorneys “....chose not to look in the correct locations for the correct documents, to
accept the unsubstantiated assurances of an important client (and)..to ignore the warning signs that the
document search and production were inadequate.” (Note: documents were actually emails).
where Qualcomm is ordered to pay Defendant $8,568,633.24 in monetary sanctions, and individual
attorneys for Qualcomm were referred to the California State Bar, due to a “monumental discovery violation”
where Qualcomm attorneys “....chose not to look in the correct locations for the correct documents, to
accept the unsubstantiated assurances of an important client (and)..to ignore the warning signs that the
document search and production were inadequate.” (Note: documents were actually emails).
| INADVERTENT PRODUCTION OF METADATA |
| STATE ISSUED GUIDELINES & COURT RULES RE: DISCOVERY OF ESI |
| USDC CASELAW - OTHER JURISDICTIONS |
| USDC CASELAW - COLORADO |
| FEDERAL RULES OF CIVIL PROCEDURE / SEDONA PRINCIPLES |
| Have a resource worth posting? Submit same to kathleen.wener@HRO.com! |
| GLOSSARY OF ELECTRONIC DISCOVERY TERMS |
| EDRM's glossary of electronic discovery terms: http://www.edrm.net/wiki/index.php/Glossary |
| ONLINE ELECTRONIC DISCOVERY RESOURCES |
www.ediscoverylaw.com
www.fiosinc.com/events/webcasts/webcast_archive.asp
www.krollontrack.com
www.applieddiscovery.com
www.electronicdiscoveryblog.com
www.discoveryresources.org
www.craigball.com
www.technologycounsel.org
www.fiosinc.com/events/webcasts/webcast_archive.asp
www.krollontrack.com
www.applieddiscovery.com
www.electronicdiscoveryblog.com
www.discoveryresources.org
www.craigball.com
www.technologycounsel.org
Listing of states that have enacted electronic discovery rules (CLICK HERE)
Listing of electronic discovery related rules, forms and guidelines issued by United States District Courts
(CLICK HERE)
Listing of electronic discovery related rules, forms and guidelines issued by United States District Courts
(CLICK HERE)
CLICK HERE to view the May 29, 2008 USDC, Maryland Order from Victor Stanley Inc. v. Creative Pipe,
Inc., et al. where defendants' attorney / client privilege is waived when privilege review consisted of vendor
word searches and review of only the title of documents. Order states that 165 documents may be used by
plaintiff's counsel as evidence.
Inc., et al. where defendants' attorney / client privilege is waived when privilege review consisted of vendor
word searches and review of only the title of documents. Order states that 165 documents may be used by
plaintiff's counsel as evidence.
| HARD COPY ELECTRONIC DISCOVERY RESOURCES |
Hand selected list of some of the best books and reference materials related to electronic discovery.
CLICK HERE
CLICK HERE