Recent Articles

Walk the Line

Monika Harris
January 07, 2009 20:08

There is a thin line when attempting to distinguish between personal records and corporate records. Some would argue that there is no line at all because it is very difficult to sustain a claim that documents prepared in connection with employment are "personal."  The...

Back to the Basics for 2009

Anthony P. Chan
January 06, 2009 15:45

Over the past several years e-discovery has blossomed into a multi-million dollar industry. Businesses and the legal community alike have struggled to keep up with evolving court rules on e-discovery and their interpretation. When it involves the technical arena, we are often...

U.S. Courts Teach Europe the True Meaning of Christmas

Joshua Schneider
January 05, 2009 17:15

Litigation slows around the holidays as all of us, men and women, associate and partner, plaintiff and defendant, join together in the spirit of the season and take some time to remind ourselves why there are some cousins we just don't keep in touch with. But before we bid good riddance to those...

Not Just Another "Auld Lang Syne"

Patricia Hutter
December 31, 2008 15:05

On New Year's Eve, we typically gather in a glitter-and-confetti whirl to toast the New Year with champagne…or maybe you're a stay-by-the-fire-and-watch-Times Square type. Whatever your preference to usher in the New Year, you may be interested to know that the singing of the Scottish...

New Year's Resolution: Discovery Hold Policy

Joseph O. Wilson
December 30, 2008 19:00

So you are in tip top physical condition, you give regularly to charity, you call your mom every other day, and you don't miss the sauce a bit.  Sounds like you're in the market for a New Year's resolution!  How about this: does your company have a litigation hold policy that covers...

Making A Records Retention Policy and Checking It Twice

Chad Wiener
December 23, 2008 16:30

  'Twas two weeks before Christmas and a few things were stirring in Seneca County, Ohio. The Big Guy in the red suit wasn't the only one deciding who has been naughty or nice. On December 9, the Ohio Supreme Court ruled in a 7-0 decision (State ex rel. Toledo Blade Co. v. Seneca County Board...

Is E-Discovery Eliminating the Benefits of Arbitration?

Elizabeth B. Chamberlin
December 18, 2008 17:52

The broad scope of Federal Rule of Civil Procedure 26, coupled with electronic discovery and aggressive trial counsel, have increased litigation costs exponentially. (See Arbitration's E-Discovery Conundrum, by Thomas J. Aldrich). As a result, corporations and their legal counsel have...

2008 E-Discovery Year In Review

Susan C. Salmon
December 10, 2008 16:32

It's that time of the year again .... chilly temperatures, frenzied shopping, offices full of high-calorie treats, and, my personal favorite, year-end "year in review" and "top" lists.  Kroll Ontrack contributes an interesting early entry to the annual roll with its...

FRE 502: Don't Believe the Hype

Heather Y. Fong
December 08, 2008 17:40

As most litigators are aware, unless you are willing to produce documents sight unseen to your adversaries (gasp!), the pre-production privilege review of a client's e-discovery data requires massive amounts of time and money.  Despite the “widespread complaint that...

FRE 502: Nothing But the Same Old Same

Heather Y. Fong
December 08, 2008 17:40

 As most litigators are aware, unless you are willing to produce documents sight unseen to your adversaries (gasp!), the privilege review of e-discovery data has greatly slowed down the speed of document reviews, thus raising those ever precious billable hours. Despite the...