http://ellblog.com An ediscovery best practices blog, written by law students. Sat, 24 Jul 2010 14:14:43 +0000 http://backend.userland.com/rss092 en E-discovery is a constantly developing topic in the legal world, and the word, “world,” should be taken literally.  Across the globe, different nations and their legal system are formulating new rules to tackle new discovery issues that can arise almost as quickly as new technology and means of communication can ... http://ellblog.com/?p=2103 In Newman v. Borders, Inc., the United States District Court for the District of Columbia held that because plaintiff failed to notify defendant in a deposition notice that questions in a deposition would pertain to the defendant book’s email policies (or any electronically stored information (ESI) in general), plaintiff was ... http://ellblog.com/?p=2101 It happens all the time.  To expedite the litigation process, parties reach agreements as to the scope and timing of electronic discovery.  After all, who wants to delay litigation with the lengthy and expensive review of a universe of documents when you can significantly shrink that universe without compromising the ... http://ellblog.com/?p=2098 Is having an anti-privacy policy enough to monitor employer-issued Blackberries® and laptops? According to the 9th circuit, the answer is a NO! In Quon v. Arch Wireless Operating Co., 529 F.3d 892 (9th Cir. 2008), the City of Ontario Police Department (“OPD”) had a formal policy governing city-owned computers and associated equipment ... http://ellblog.com/?p=2095 On June 29, 2009, Governor Schwarzenegger signed into law California's Electronic Discovery Act, which is effective immediately.  For the most part, the recent eDiscovery amendments to the California Code of Civil Procedure track the federal rules.  For example, similar to the federal rules, the California rules use a broad definition ... http://ellblog.com/?p=2092 Bridgewater, NJ (April 23, 2010) – Fernando Pinguelo, a Member of Norris McLaughlin & Marcus, P.A., appeared as a guest on Fox News Channel’s live web show, The Strategy Room, hosted by Kimberly Guilfolye.  Pinguelo was interviewed about today's headlines featuring internet abuse, including the Security and Exchange Commission Office ... http://ellblog.com/?p=2085 Just because e-discovery is involved does not mean we can disregard the rules applied to traditional discovery.   While we must adapt the way we approach discovery because of advancing technology and the decline of the paper-based world, we must not forget that the spirit behind the rules of discovery apply ... http://ellblog.com/?p=2082 Dead men tell no tales, but their bodies provide enough evidence to paint a graphic picture.  The same is true of deleted files on a computer.  Missing files can carry the inference that the evidence was only destroyed because it would have been damaging to the party responsible. In Paris Business ... http://ellblog.com/?p=2078 Often I am asked if certain arrangements and deals are enforceable without a written contract. Sometimes, I am asked that question with a little bit of layman lawyering as to whether the so called “statute of frauds” (this is an ancient statute that essentially says certain classes of contracts) can ... http://ellblog.com/?p=2076 Though not related to eDiscovery per se, we at eLessons Learned want to alert Law Students and fellow student bloggers of the National Law Review's writing competition taking place this month. The National Law Review (NLR) consolidates practice-oriented legal analysis from a variety of sources for easy access by lawyers, paralegals, ... http://ellblog.com/?p=2069