Authored By: Catherine Kiernan

Citation: Managing Discovery of Electronic Information: A Pocket Guide for Judges (Second Edition)

Tweet This: Just Released! “Managing Discovery of Electronic Information: Pocket Guide for Judges” Review! (Part 3)

Welcome back for the third and final part of our series summarizing and highlighting the most important parts of the new electronic discovery pocket guide for federal judges. Part One focused on the volume of electronic discovery now being used in judicial proceedings as well as proper procedures for Rule 16 conferences and the scope of electronic discovery under Rule 26. Part Two focused on cost-shifting, subpoenas and implicated third parties, and form of production. Finally, Part Three focuses on privilege and waiver, preservation, spoliation, and sanctions.

Authored By: Catherine Kiernan

Citation: Managing Discovery of Electronic Information: A Pocket Guide for Judges (Second Edition)

Tweet This: Just Released! “Managing Discovery of Electronic Information: Pocket Guide for Judges” Review! (Part 1)

Very recently the second edition of the eDiscovery pocket guide for federal judges was released by the Federal Judicial Center. The new edition is key to understanding how judges view eDiscovery requests and how attorneys can avoid costly sanctions and unnecessary and damaging production. The Guide is comprehensive and expands on many of the fundamental issues surrounding electronic discovery that have further developed since the first edition. e-Lessons Learned will be posting a three-part series summarizing the Guide to help highlight the key issues that judges consider when dealing with electronic discovery. Part One will focus on Rule 16 conferences and the scope of electronic discovery under Rule 26. Part Two will focus on cost-shifting, subpoenas and implicated third parties, and form of production (stay tuned) Finally, Part Three will focus on privilege and waiver, preservation, spoliation, and sanctions (stay tuned)

Authored By: Austin O’Malley

Citation: In re: Bristol-Myers Squibb Securities, 205 F.R.D. 437 (2002).

Employee/Employer Implicated: Miscellaneous

e-Lesson Learned: Parties must alert adversary of the availability of requested documents in electronic form.

Tweet This: Parties must alert adversary of the availability of requested documents in electronic form

Its no secret that disputes arise when time comes for parties to pay discovery costs. With electronic discovery becoming more and more prevalent, this has allowed parties to cut significant costs associated with photocopying and traditional paper discovery. However, what happens when paper documents are provided to a party, upon the party’s request, when the documents could have been provided in a more affordable, electronic form. The U.S. District Court for the District of New Jersey dealt with this issue in a 2002 case.