Electronic Discovery

Litigants Fail to Heed Lessons of ‘Victor Stanley’

Paul Weiss
From New York Law Journal
August 3, 2010

Read more...
July Edition of Notable Cases and Events in E-Discovery

Sidley Austin
August 4, 2010

Read more...
Federal Court Re-Affirms E-Discovery Requests Must Be Specific About Format and Metadata [Chapman v. General Bd. of Pension and Health Benefits of United Methodist Church Inc]

Paul Hastings
July 26, 2010

Read more...
E-Discovery and the Cloud: Best Practices in the New Frontier

ReedSmith
July 23, 2010

Read more...
Discovery Sanctions Opinion [Sanofi-Aventis]

Winston & Strawn
July 19, 2010

Read more...
2010 Mid-Year Electronic Discovery and Information Law Update

Gibson Dunn
July 13, 2010

Read more...
June Edition of Notable Cases and Events in E-Discovery

Sidley Austin
July 6, 2010

Read more...
Cloud Computing: eDiscovery Issues and Other Risk

Orrick
June 28, 2010

Read more...
Protecting Confidential Electronically Stored Information

Mayer Brown
Tip of the Month
June 30, 2010

Read more...
Social Networking Sites and Discovery – A Double-Edged Sword

Baker Donelson
June 29, 2010

Read more...
Court Holds That Postings on Social Networking Sites are Protected from Discovery Under Third Party Subpoenas in Civil Cases [Crispin v. Christian Audigier, Inc. et al]

Squire Sanders
June 2010

Read more...
FTC to Investigate Leakage of Consumer Information Stored on Digital Copy Machine Hard Drives

Sidley Austin
June 9, 2010

Read more...
U.S. District Judge Imposes $10,000 Fine on Party as Sanction for Failure to Implement Litigation Hold in Passlogix v. 2FA Technology, LLC.

ReedSmith
June 8, 2010

Read more...
May Edition of Notable Cases and Events in E-Discovery

Sidley Austin
June 7, 2010

Read more...
TechFlash: Personal Sensitive Data, Discoverable ESI in Digital Copiers?

Morgan Lewis
June 2, 2010

Read more...
One Small Change by Judge Scheindlin to a Recent Seminal Opinion Could Be One Giant Leap for E-Discovery Cost Control

Debevoise & Plimpton
June 1, 2010

Please see our Hot Topics for more on this subject.

Read more...
How to Manage the Risks and Costs Associated with Searching ESI

Mayer Brown
Tip of the Month, May 2010
May 27, 2010

Read more...
Qualcomm Six Ultimately Avoid Sanctions but Case Remains a Cautionary Tale

Orrick
May 12, 2010

Read more...
Notable E-Discovery Cases and Events  

Sidley Austin
May 6, 2010

Read more...
Ruling on Confirmatory Discovery: Defendant’s Attorney Must Be Present During Collection of ESI [Roffe v. Eagle Rock Energy GP]

Morgan Lewis
May 5, 2010

Read more...
Ignorance Is Not Bliss: Court Sanctions Client and Counsel for Unfamiliarity with Data Systems [In re A&M Florida Properties II]

Morgan Lewis
May 3, 2010

Read more...
Critical Early Steps Regarding ESI After Receiving Reasonable Notice of Litigation or an Investigation

Mayer Brown
Tip of the Month
April 30, 2010

Read more...
Pension Committee and Rimkus Consulting: Differing Approaches to Determining Spoliation

Winston & Strawn
April 28, 2010

Please see our Hot Topics for more on Pension Committee.

Read more...
Senior Master's guidance on e-disclosure

Allen & Overy
April 20, 2010

Read more...
Guidelines: A Leap Into the Unknown? Securing Data in the Cloud

Faegre & Benson
April 20, 2010

Read more...
Preservation, Spoliation, and Adverse Inferences – a view from the Southern District of Texas [Rimkus Consulting Group, Inc. v.  Cammarata]

Nixon Peabody
April 19, 2010

Read more...
New York court system increases the pressure on attorneys and parties regarding e-discovery competence

Nixon Peabody
April 14, 2010

Read more...
Notable E-Discovery Cases and Events

Sidley Austin
April 6, 2010

Read more...
Judge Rosenthal Analyzes Standards for Sanctions in Cases of Spoliation [Rimkus v. Cammarata]

Morgan Lewis
April 5, 2010

Read more...
Managing the Electronic Discovery Vendor Relationship

Mayer Brown
Tip of the Month
March 31, 2010

Read more...
"Oh No, Ephemeral Data!: After ‘Bunnell,’ the sky has not yet fallen

Gibson Dunn
From New York Law Journal
March 23, 2010

Read more...
'Quon' Could Have Consequences for E-Discovery 

Gibson Dunn
From National Law Journal
March 23, 2010

Please see our Hot Topics for more on Quon case.

Read more...
Prominent District Court Decision Suggests Pension Committee May Have More Limited Application in the Fifth Circuit [Rimkus Consulting Group, Inc. v. Cammarata]  

Vinson & Elkins
March 22, 2010

Read more...
Spoliation Sanctions: A Tale of Two Courts

Crowell & Moring
March 16, 2010

Read more...
ESI Preservation and Collection - Issues and Solutions

Haynes and Boone
March 9, 2010

Read more...
Recent Court Decisions Reinforce Importance of Issuing a Written Litigation Hold Notice

Ballard Spahr
March 8, 2010

Please see our Hot Topics for more on this subject.

Read more...
Notable E-Discovery Cases and Events

Sidley Austin
March 4, 2010

Read more...
Rule 34 and the Internet: Innovative Solutions to Current Production Challenges

Nixon Peabody
March 1, 2010

Read more...
Zubulake Revisited: The Southern District of New York Lays Out An Analytical Framework for Determining Whether to Impose Sanctions for the Spoliation of Evidence

Milbank
February 19, 2010

Please see our Hot Topics for more on this subject.

Read more...
A Judicial Primer on Litigation Holds

Jones Day
February 2010

Please see our Hot Topics for more on this subject.

Read more...
New Rules for Electronic Discovery in New York Courts: What You Must Know Before Appearing at a Preliminary Conference

Hogan & Hartson
February 2010

Read more...
New Rules for Electronic Discovery in New York Courts: What You Must Know Before Appearing at a Preliminary Conference

Hogan & Hartson
February 2010

Read more...
Revisiting Zubulake: What You Really Need to Know

Squire Sanders
February 2010

Please see our Hot Topics for more on this subject.

Read more...
Revisiting Zubulake: Discovery Guidelines to Follow

Squire Sanders
February 2010

Please see our Hot Topics for more on this subject.

Read more...
Federal Judge Rules that Data Backup Tapes Need not be Retained for eDiscovery, Unless They are the “Sole Source” of Relevant Evidence

Bryan Cave
February 10, 2010

Please see our Hot Topics for more on this subject.

Read more...
Zubulake Revisited: Defining Standards of Culpability for Electronic Discovery Abuses 

Latham & Watkins
February 8, 2010

Please see our Hot Topics for more on this subject.

Read more...
Pension Committee opinion addresses legal hold standards

Nixon Peabody
February 5, 2010

Please see our Hot Topics for more on this subject.

Read more...
Sins of Omission: Severe Consequences for Failing to Collect and Preserve Information Early in Litigation

McGuireWoods
February 3, 2010

Please see our Hot Topics for more on this subject.

Read more...
January Edition of Notable Cases and Events in E-Discovery

Sidley Austin
February 2, 2010

Please see our Hot Topics for more on this subject.

Read more...
Harsh Sanctions Ruling Signals Federal Courts' Decreasing Tolerance for Insufficient E-Discovery Procedures

Chadbourne & Parke
February 2, 2010

Please see our Hot Topics for more on this subject.

Read more...

Hot Topics: Litigation

Supreme Court
Supreme Court Decides Trio of Honest Services Fraud Cases
Bilski- Patentability of Business Methods
Constitutional Challenge to PCAOB (and S-Ox)
Morrison & "F-Cubed" Securities Litigation
Supreme Court To Review Matrixx v Siracusano; Weigh-In On Use of Adverse Event Reports
Rent-A-Center West: Parties Can Delegate Enforceability Issues To Arbitrator
Granite Rock Co. v. Intl Brotherhood of Teamsters
Kawasaki Kisen Kaisha: COGSA Trumps Carmack Amendment
Monsanto v Geertson & Threshold For Environmental Injunctions
American Needle: "Single Entity" NFL Subject to Antitrust Scrutiny
Hardt v Reliance Standard & Rules for Attorney's Fees under ERISA
Lewis v City of Chicago & Timing of EEOC Disparate Impact Claims
Merck & Statute of Limitations in Federal Securities Fraud Cases
Stolt-Nielson & Class Arbitration under FAA
Jerman v. Carlisle & FDCPA's Bona Fide Error Defense
Conkright v. Frommert & Deference to ERISA Plan Administrators
Shady Grove Orthopedic Associates: In Class Action, Federal Diversity Rules Trump State Rules
Jones v Harris Associates & Excessive Investment Adviser Fees
Graham County & False Claims Act's "Public Disclosure" Bar
Hertz v Friend: Supreme Court Clarifies Diversity Jurisdiction Standard
Reed Elsevier v Muchnick & Federal Court Jurisdiction Re: Works Unregistered Under Copyright Act
Citizens United v FEC: Supreme Court Overturns Ban On Corporate/Union Campaign Expenditures
Hemi Group: Supreme Court Limits RICO's Proximate Cause Requirement
NRG Power Marketing: Negotiated Power Contracts Presumed Just  
Graham County & False Claims Act's "Public Disclosure" Bar
Ricci v DeStefano & Reverse Discrimination 
Cuomo v Clearing House & OCC
Gross v FBL: Supreme Court Requires "But For" Causation in Age Discrimination Cases
Coeur Alaska & The Clean Water Act
Ashcroft v Iqbal: Twombly Pleading Standards Clarified
Hulteen: Pregnancy Discrimination Act Not Retroactive
Burlington Northern & Arranger CERCLA/Superfund Liability 
Arthur Anderson v Carlisle: Stays Under the Federal Arbitration Act Clarified 
Carlsbad Technology: Some Remands to State Courts Appealable
Flores-Figueroa v. United States: Aggravated Identity Theft

Crawford & Retaliation under Title VII
FCC's Policy Change on "Fleeting Expletives" is Neither "Arbitrary Nor Capricious" 

linkLine & 21st Century Application of the "Price Squeeze" Theory

Wyeth v Levine, Preemption & Adequacy of Prescription Warning Lable

Vaden & Federal Jurisdiction Under the FAA 

The Ex-Spouse Kennedy & ERISA Rights
Winter: Clarification of Injunction Standards 

Altria v Good: Light Cigarettes & Pre-emption
Appellate Courts
PBGC v Oneida: Termination Premiums Not Dischargeable in Bankruptcy  
Monolithic & Court Appointed Experts 
Gallus: 8th Circuit Applies Gartenberg Factors to Adviser Fees
Solis v Summit: OSHA's General Contractor Liability

Golden Gate & San Francisco's "Pay or Play" Ordinance
Deere, ERISA & Plan Fees

JP Morgan Chase, Enron & Lack of Scienter

Madden, SLUSA & "The Delaware Carve-Out" 

Glazer: Liability for Reps & Warranties in Merger Agreement; "Collective Scienter"

Williams, The Tenth Circuit & Proving Loss Causation

Ionia, Compliance & Corporate Criminal Liability
Securities Litigation

Omnicare & Gun-Jumping

Citigroup Prevails in Delaware Subprime Shareholder Action 

Roth v AON: Attorney Client Privilege & Draft SEC Filings
Realogy: Exchange of Unsecured for Secured Notes

JP Morgan Chase, Enron & Lack of Scienter
Lyondell, Revlon & The Duty of Good Faith
Madden, SLUSA & "The Delaware Carve-Out" 

Glazer: Liability for Reps & Warranties in Merger Agreement; "Collective Scienter"

UnitedHealth, Indentures/TIA & SEC Reporting

Loral & Interested Party Transactions

Williams, The Tenth Circuit & Proving Loss Causation
Hexion v Huntsman: Material Adverse Effect

Blackstone v ADS: You Get What You Bargain For

Eshelman, Title VII & Increased Tax Liability
Class Action
Dukes v Wal-Mart: 9th Circuit Certifies Discrimination Class Action
Class Action: In re Tobacco II Cases & California's Prop 64

Altria v Good: Light Cigarettes & Pre-emption

Hydrogen Peroxide: Class Certification & Antitrust

Madden, SLUSA & "The Delaware Carve-Out" 

Meyer v Sprint: Actual Damages Required Under CLRA

American Express & Class Action Waivers Under the FAA  
Arbitration & ADR
Defense Appropriations Act Limits Arbitration of Employment Claims
2nd Circuit, Arbitration & Pre-Hearing Disclosure
Vaden & Federal Jurisdiction Under the FAA

American Express & Class Action Waivers Under the FAA 
Practice
No Loafing: Gucci America & Perils of Inactive Bar Membership
IRS v Deloitte & Attorney Work Product Protection
Judge Schiendlin Revisits Watershed E-discovery Case Zubulake
DOJ Guidance on Criminal Discovery
Costco: California Supreme Court Defends Attorney-Client Privilege
Dahl v Bain Provides Guidance on E-Discovery
California's Electronic Discovery Act 
Mancia's Guidance on Limiting E-Discovery
Broadcom & Dual Representations
Monolithic & Court Appointed Experts
Micron, Arista & Spoliation of Evidence
Federal Rule of Evidence 502
Filip Guidelines & Attorney-Client Privilege

Textron & The Work Product Doctrine

AOL, Forum Selection & The Meaning of "Of"

Jurinko's 1:1 Ratio on Punitive Damages