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Doing E-Discovery Is Best Left to Outside Experts
Hunton & Williams has 17 offices for its Richmond, Va.-based firm, with one central litigation support center for helping its lawyers with their caseloads. That center is a 10,000-square-foot facility with between 35 and 40 staffers who handle complicated tasks, and that increasingly has meant collecting, sorting and analyzing electronic evidence. Hunton is rare in…
Read MoreHow to Avoid Common Pitfalls
Over the past few years, many multinational companies, and the law firms that service them, have made a concentrated effort to control the management of data created, stored, or sent overseas. It is no easy task. An estimated 99 percent of new information is stored electronically, mostly on computer hard disk. This is a tremendous…
Read MoreMaking Forensics Elementary at Your Firm
The electronic-discovery phenomenon is here to stay — and the industry is still exploding. The percentage of electronically-stored-information evidence in the standard case has increased exponentially, and all signs on the information superhighway and on roads leading to court indicate that ESI in litigation will escalate as time goes by. Along with e-discovery, the field…
Read MoreComputer Forensics & Data Preservation
Court-appointed trustees and receivers, or fiduciaries, identify, recover and evaluate assets and historical financial information. They are aided by a team of professionals, including attorneys, accountants, financial advisors, appraisers, investment bankers and others, depending on the nature of the matter. In the past, this meant sifting through reams of paper records and issuing subpoenas for…
Read MoreSeparating E-Discovery Myths from Realities
By Conrad J. Jacoby, Esq. As the legal community continues to puzzle through the impact that digital information is having on the practice of law, many practitioners are guided by long-standing misconceptions and misunderstandings about electronic discovery. Whatever seed of truth exists in these platitudes, taking them at face value can lead to poor…
Read MoreE-Discovery: The Times, They Are A Changing
Fasten your seatbelts legal mavens – in less than six months electronic discovery as we know it will undergo some important changes. These changes are being driven by amendments to the Federal Rules of Civil Procedure (FRCP) that become effective on December 1, 2006. While one of the intentions behind these changes is to reduce…
Read MoreIs Digital Different? Electronic Disclosure and Discovery in Civil Litigation
By Kenneth J. Withers I. Introduction A new phenomenon has surfaced in civil litigation in the United States, or rather in the media coverage of significant cases. In the Microsoft antitrust litigation, the investigation of President Clinton by Judge Starr, Raytheon Corporation’s suit against its own employees for libel, countless employment-related actions, and even routine…
Read MoreFailing To Preserve Electronic Evidence Can Gut Your Case
By Eric Sinrod, If you want to succeed in litigation these days, it is imperative that relevant electronic data be preserved. The destruction of such data can lead to serious adverse evidentiary inferences, as illuminated by a very recent case. The case of Easton Sports v. Warrior Lacrosse involves the movement of an employee from…
Read MoreGathering electronic evidence
A NEW field of evidence gathering involves techniques designed to find relevant electronic evidence on personal computers. This investigative discipline will become an important discovery tool for both lawyers and law enforcement agencies. Here Dr Henry B Wolfe* explains the basics of what it can and cannot do. Computer forensics refers to the developing field…
Read MoreZubulake v. UBS Warburg, ZUBULAKE 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAURA ZUBULAKE, :: Plaintiff, -against- UBS WARBURG LLC, UBS WARBURG, and : UBS AG, : Defendants. OPINION AND ORDER : 02 Civ. 1243 (SAS) SHIRA A. SCHEINDLIN, U.S.D.J.: On May 13, 2003, I ordered defendants UBS Warburg LLC, UBS Warburg, and UBS AG (collectively “UBS”) to…
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