Electronic Discovery Law
Electronic Discovery Law is a blog on legal issues, news, and best practices relating to the discovery of electronically stored information published by the e-Discovery Analysis & technology Group at K&L Gates.
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Recent Articles
K&L Gates Partners to Speak at E-Discovery CLEs in February
Seattle University CLE – What Every Practitioner Needs to Know About e-Discovery February 6, 2009 8:30 a.m. – Noon Seattle University School of Law Sullivan Hall 901 12th Avenue Seattle, WA 98122-1090 K&L Gates partner Helen Moure will present the first session, “Basic...
New Year, New Rules: Alaska and Virginia Adopt E-Discovery Amendments to Civil Rules
On December 19, 2008, the Supreme Court of Alaska adopted amendments to Alaska’s Rules of Civil Procedure to address the discovery of electronically stored information. The amendments affect rules 16, 26, 33, 34, 37, and 45 and become effective April 15, 2009. The order approving the...
Maine Adopts Amendments to Rules of Civil Procedure
Effective August 1, 2008, Maine has adopted amendments to its Rules of Civil Procedure to “address the need for specific treatment of the discovery of electronically stored information.” As stated in the Advisory Committee Note to Rule 16, the amendments were taken largely from...
Court Enforces Clawback Agreement, Denies Motion to Compel
Bro-Tech Corp. v. Thermax, Inc., 2008 WL 5210346 (E.D. Pa. Dec. 11, 2008) On the eve of trial in this case in which plaintiffs alleged trade secret theft, the court granted an extension “on urgent party request” so that additional discovery could be accomplished. The discovery...
Washington Adopts Test for Determining Waiver by Inadvertent Disclosure, Finds Attorney-Client Privilege Waived
Sitterson v. Evergreen School Dist., 2008 WL 4981630 (Nov. 25, 2008) In this case, plaintiff brought suit against the defendant, a school district (“the District”), for breach of contract and quantum meruit following termination of his contract as a financial advisor. About one...
California Legislature Re-Considers E-Discovery Amendments
On December 1, 2008 California Assembly Member Noreen Evans introduced Assembly Bill 5, the “Electronic Discovery Act” – a bill that would amend California’s Civil Discovery Act to include rules governing the discovery of electronically stored information. As stated in...
A New Year's e-Resolution: Sending Safe e-Mail
The risks associated with e-mail miscommunication and misdirection have been well documented. Because these risks originate from e-mail users, perhaps the best way to mitigate such risks is to help individual e-mail users remember and implement a checklist for sending e-mails safely. This client...
New Additions to the Growing List of State E-Discovery Rules; Arkansas and Kansas Added for the First Time
Arkansas Effective January 10, 2008 Arkansas has amended Rule 26 to address inadvertent disclosure. Rules 26 General Provisions Governing Discovery (See section 26(b)(5)) Iowa Effective September 1, 2008 the Iowa District Court Trial Scheduling Order was amended to address the discovery of...
Court Declines to Order Re-production in Electronic Format; Finds No Waiver of Privilege from Inadvertent Disclosure
Laethem Equip. Co. v. Deere & Co., 2008 WL 4997932 (E.D. Mich. Nov. 21, 2008) In this case involving breach of contract and other claims, the court ordered the defendant to return inadvertently produced, privileged, electronically stored information (“ESI”) to the plaintiffs, and...
Court Addresses Production of Metadata in Great Detail and Grants Production of Some but Not All Data Sought
Aguilar v. Immigration & Customs Enforcement Div. of U.S. Dep’t of Homeland Sec., 2008 WL 5062700 (S.D.N.Y. Nov. 21, 2008) In this class action case alleging unlawful searches and seizures of plaintiffs’ homes, a discovery dispute arose regarding the production of metadata. ...
