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eDiscovery Advantage

Winston & Strawn
November 21, 2012
15 pages

In this Issue:

Predictive Coding
Federal and State Government eDiscovery Developments
Preservation and Sanctions
Search, Retrieval & Production
Privilege and Waiver Issues
Recovery of eDiscovery Costs / Cost Shifting
Stored Communications Act and Internet Service Providers
Social Media
Global Privacy and Cross Border Discovery Issues

Latest e-Discovery Developments

Sidley Austin: May Edition of Notable Cases and Events in E-Discovery

June 06, 2013 e-Discovery

Foley & Lardner: Are Search Terms Work Product?

June 05, 2013 e-Discovery

Mayer Brown: E-Discovery of Audio Data – What is Considered Reasonable?

May 31, 2013 e-Discovery

Morgan Lewis: Court Permits Combination of Predictive Coding and Keyword Search

May 09, 2013 Predictive Coding
Greenberg Traurig: Making Copies! The Fourth Circuit Defines Taxable Costs Associated With eDiscovery

May 04, 2013 e-Discovery
Mayer Brown: Managing the Risks & Costs of the Production of Private or Confidential Information: Redaction & Production Strategies

April 30, 2013 e-Discovery
Kramer Levin: Electronic Discovery Update: Spring 2013

April 18, 2013 e-Discovery
Sidley Austin: Notable Cases and Events in E-Discovery

April 17, 2013 e-Discovery
Bryan Cave: “Inadequate” Litigation Holds Can Result in Spoliation Sanctions

April 17, 2013 e-Discovery
Foley & Lardner: Evolving Judicial Attitudes Towards Predictive Coding Suggest It May Soon Be Time to Retire the Defensibility Question

April 11, 2013 Predictive Coding
Skadden: Proposed Federal Rule 37(e): Savior From Sanctions?

April 11, 2013 e-Discovery
Jenner & Block: Predictions on Predictive Coding

April 09, 2013 Predictive Coding
Bingham: E-Discovery News - April 2013

April 02, 2013 e-Discovery
Mayer Brown: Electronic Discovery & Records Management - Tip of the Month: Managing the Risks and Costs of Text Messaging

March 31, 2013 e-Discovery
Sidley Austin: Notable Cases and Events in E-Discovery

March 20, 2013 e-Discovery
Littler: EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

March 18, 2013 e-Discovery
Ballard Spahr: California Federal Court Awards Millions for Predictive Coding Costs in Document Review [Gabriel Technologies Corp. v. Qualcomm Inc.]

March 15, 2013 Predictive Coding
WilmerHale: Recent Key Developments in Shifting E-Discovery Costs

March 15, 2013 e-Discovery
Bryan Cave: Companies and Counsel Beware: “Inadequate” Legal Holds Can Result in Spoliation Sanctions [Apple v. Samsung]

March 07, 2013 e-Discovery
Morgan Lewis: Computer-Assisted Review Costs Awarded in California Patent Case

March 04, 2013 e-Discovery
Winston & Strawn: eDiscovery Advantage

March 04, 2013 e-Discovery
Mayer Brown: Managing the Risks and Costs of Responding to Third-Party Civil Subpoenas

February 28, 2013 e-Discovery
Foley & Lardner: Adventures in Email Threading

February 15, 2013 e-Discovery
Sidley Austin: February Edition of Notable Cases and Events in E-Discovery

February 12, 2013 e-Discovery
Paul Weiss: Third-Party Litigation Holds: ‘Control’ Can Be Complicated

February 08, 2013 e-Discovery
Jenner & Block: Electronically Stored Information in Litigation

February 07, 2013 e-Discovery
Mayer Brown: Managing the Risks & Costs of Electronic Data: "Defensible Deletion"

January 31, 2013 e-Discovery
Cozen O'Connor: Dropbox and the Impact of Personal Cloud Storage on ESI

January 29, 2013 e-Discovery
Foley & Lardner: Vermont Issues Significant eDiscovery / Fourth Amendment Decision

January 29, 2013 e-Discovery
Barnes & Thornburg: The New Rules of the Delaware Court of Chancery: ESI, Form of Production, and Non-Party Subpoenas

January 27, 2013 Delaware Chancery Court Adopts ESI Preservation Guidelines
Sidley Austin: January Edition of Notable Cases and Events in E-Discovery

January 15, 2013 e-Discovery
Gibson Dunn: 2012 Year-End Electronic Discovery and Information Law Update

January 15, 2013 e-Discovery
Bingham: E-Discovery News - January 2013

January 11, 2013 e-Discovery
Mayer Brown: Electronic Discovery & Records Management - Tip of the Month: Cloud Computing and Data Privacy

December 29, 2012 e-Discovery
Debevoise & Plimpton: Work Emails to Spouses May Not be Protected by Marital Privilege [United States v. Hamilton]

December 14, 2012 e-Discovery
Morgan Lewis: District Court Issues New ESI Guidelines

December 08, 2012 e-Discovery
Paul Weiss: Technology Today: Cost Allocation of Discovery Prior to Class Action Certification

December 07, 2012 e-Discovery
Sidley Austin: December Edition of Notable Cases and Events in E-Discovery

December 06, 2012 e-Discovery
Mayer Brown: Managing the Risks and Costs of E-Discovery in Multiple Related Investigations and Litigations

December 01, 2012 e-Discovery
Bingham: Northern District of California Issues New E-Discovery Guidelines

December 01, 2012 e-Discovery
Thompson Hine: Is Predictive Coding a Cure for Out-of-Control Discovery Costs?

November 29, 2012 Predictive Coding
King & Spalding: Model Rules and Procedures in e-Discovery: Different Approaches in Different Jurisdictions

November 28, 2012 e-Discovery
Winston & Strawn: eDiscovery Advantage

November 21, 2012 e-Discovery
Sidley Austin: November Edition of Notable Cases and Events in E-Discovery

November 14, 2012 e-Discovery
Crowell & Moring: Court Invokes FRE 502(d) to Permit Intentional Production of Privileged Materials Without Waiver

November 08, 2012 Federal Rule of Evidence 502

Chin: Second Circuirt Holds Failure To Issue Litigation Hold Not Per Se Gross Negligence

Venable: The Second Circuit Holds that Failure to Issue a Litigation Hold Notice is Not Per Se Gross Negligence

Weil Gotshal: Reeling in the Pension Committee Gross Negligence Standard

Littler: Second Circuit Makes Key Holdings Involving Proof Requirements in Individual Discrimination Cases and Litigation Hold Requirements

Florida's e-Discovery Law

Squire Sanders: Florida’s Journey Into the Age of Electronic Discovery Providing Uniformity With the Federal Approach (… for the Most Part)

Morgan Lewis: Florida Courts Adopt Rules Specifically Addressing Electronic Discovery

Akerman: Florida Supreme Court Adopts Amendments to the Rules of Civil Procedure - Addressing Electronically Stored Information

Pennsylvania's e-Discovery Law

ReedSmith: Pennsylvania Supreme Court Adopts New E-Discovery Amendments to Pennsylvania Rules: Focus on Proportionality

Wilson Elser: Pennsylvania Supreme Court Amends Discovery Rules to Include e-Discovery, Rejects Federal Rules on e-Discovery

Morgan Lewis: Pennsylvania Proclaims eDiscovery Independence from Federal Model

Race Tires: 3rd Circuit Limits e-Discovery Costs

Buchanan Ingersoll & Rooney: Third Circuit Creates a Bright Line Test Limiting E-Discovery Costs Against Losing Parties to Narrow Production Costs

Paul Hastings: Third Circuit Limits Recoverable E-Discovery Costs [Race Tires America, Inc. v. Hoosier Racing Tire Corp]

Morgan Lewis: Loser Pays Most Electronic Discovery Costs? Not So Fast

USBNA v Greenpoint: NY Court Adopts Zubulake's Cost-Shifting Procedures

Dechert: Adopting Zubulake Cost-Shifting Procedures In NY

Milbank: New York Court Adopts E-Discovery Cost-Shifting Standards Set Out by Federal District Court in Zubulake

Cahill: U.S. Bank National Association v. Greenpoint Mortgage Funding, Inc.: First Department Holds That Producing Party Is Responsible for Cost of Production

NY Federal Court Approves Use of Predictive Coding

Kramer Levin: Federal Court Approves the Use of “Predictive Coding” Technology-Assisted Document Review

Drinker Biddle: Move Over Humans, 21st Century Document Review Has Arrived

Paul Weiss: Judge Carter Adopts Magistrate Judge Peck's Order Endorsing the Use of Predictive Coding

Voom v. EchoStar & Duty To Preserve Evidence

Morgan Lewis: New York State Court Applies Zubulake Preservation Standard

Thompson Hine: Zubulake Discovery Standards Adopted By New York State Courts

SNR Denton: New York Appellate Division Addresses Litigation Hold Trigger and Document Preservation Standards

Rambus: Federal Circuit provides Guidance on Spoliation & 'Reasonably Foreseeable Litigation'

Weil Gotshal: Micron Tech., Inc. v. Rambus Inc.; Hynix Semiconductor Inc. v. Rambus Inc.

Holland & Knight: Spoliation: When Do You Have to Preserve Documents and What Happens If You Don't?

Orrick: Federal Circuit Issues Two Opinions on Rambus

Judge Scheindlin Revisited: SDNY Guidance on E-discovery Format & Metadata Requirements

Weil Gotshal: National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency

Hogan Lovells: Zubulake 2011 - more e-discovery guidance from Judge Scheindlin

Nixon Peabody: Another Must-Read Decision From Judge Scheindlin Regarding ESI

Judge Scheindlin Revisits Watershed e-discovery Case (Zubulake)

Drinker Biddle: Court Clarifies Its Own Decision in a Key E-Discovery Case

Debevoise & Plimpton: One Small Change by Judge Scheindlin to a Recent Seminal Opinion Could Be One Giant Leap for E-Discovery Cost Control

Winston & Strawn: Pension Committee and Rimkus Consulting: Differing Approaches to Determining Spoliation

Delaware Chancery Court Adopts ESI Preservation Guidelines

Barnes & Thornburg: The New Rules of the Delaware Court of Chancery: ESI, Form of Production, and Non-Party Subpoenas

Morgan Lewis: Delaware Court of Chancery Issues Guidelines for Preservation of Electronically Stored Information

ReedSmith: Delaware Court of Chancery Issues Guidelines For Preservation of Electronically Stored Information

California's Electronic Discovery Act

Littler: E-Discovery: New California Rule of Court Requires Advance Meeting and Planning

Dorsey & Whitney: California’s New E-Discovery Law

Foley & Lardner: California's E-discovery Rules: US and Non-US Impact

Victor Stanley II: A Grimm Case of Spoliation

Cooley: Court Urges Practical Approach to Document Preservation Duties

Squire Sanders: Victor Stanley II – Imprisonment as a Sanction for Intentional E-Discovery Violations

Gibson Dunn: Court Orders Spoliator Imprisoned, Surveys Differing Preservation And Sanctions Standards: An In-Depth Look at Victor Stanley II

Comprehensive Drug Testing & Government Seizure of ESI

Davis Wright Tremaine: Bonds Juror Questionnaires to be Made Public During Voir Dire; Juror Names to be Withheld Until Trial End

Bingham: Ninth Circuit En Banc Panel Raises Bar for Governmental Seizure of Electronic Data

Perkins Coie: Ninth Circuit Revises Ground Rules for Computer Searches [United States v. Comprehensive Drug Testing]

Dahl v Bain Provides Guidance on e-Discovery

Mintz Levin: Court Provides Essential Guidance Concerning the Production of Electronic Materials in a Recent Decision [Dahl v. Bain Capital Partners]

Mintz Levin: Court Provides Essential Guidance Concerning the Production of Electronic Materials in a Recent Decision [Dahl v. Bain Capital Partners]

Mayer Brown: Defendants Not Required to Produce “Every Last Bit” of Metadata Per US District Court Ruling [Dahl, et al. v. Bain Capital Partners]