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Relationship Between the Work Product Doctrine and the Duty to Preserve

Siani v. State Univ. of New York, 2010 WL 3170664 (E.D.N.Y. Aug. 10, 2010) The duty to preserve electronically stored information (ESI) can arise long before a lawsuit is ever filed. Several of our...

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Failing to issue a litigation hold letter is not per se evidence of...

Haynes v. Dart, 2010 WL 140387 (N.D. Ill., Jan. 11, 2010) Here at Practical Ediscovery, we are always on the lookout for decisions that bring a little bit of sanity to the crazy world of ediscovery....

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Rule 37(e)’s safe harbor provision used to limit sanctions requested under...

Grubb v. Board of Trustees of Univ. of Ill., 2010 WL 3075517 (N.D. Ill., Aug. 4, 2010) One of the limitations in the protection provided by Fed.R.Civ.P. 37(e)’s “Safe Harbor” provision is that it...

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Ediscovery ethics – use of clawback agreements – don’t forget to protect...

The comments to Model Rule 1.6 explain that a lawyer “must act competently to safeguard” client information against the inadvertent or unauthorized disclosure by a lawyer or anyone who is subject to...

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Stored Communications Act limits Gmail information obtainable pursuant to...

Beluga Shipping GMBH & Co. KS Beluga Fantastic v. Suzlon Energy LTD., 2010 WL 3749279 (N.D. Cal., Sept. 23, 2010) Court rules that under the Stored Communications Act, account holder consent is...

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Making the case for uniform culpability standards for ediscovery sanctions

Victor Stanley, Inc., v. Creative Pipe, Inc., 2010 U.S. Dist. LEXIS 93644 (D.Md., Sept. 9, 2010), (“Victor Stanley II“) The sanctions entered in Victory Stanley II, which included a civil contempt...

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Court orders phased discovery under Rule 26′s proportionality principles...

Tamburo v. Dworkin, 2010 WL 4867346 (N.D. Ill. Nov. 17, 2010) Proving once again that it is a “dog-eat-dog world,” plaintiffs’ lawsuit stemmed from a dispute involving a dog-pedigree software program....

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Updated state court ediscovery rules scorecard

In September 2009 we posted a State court ediscovery rules scorecard. Since then additional states have adopted their own ediscovery rules and others are contemplating their adoption. So we felt it was...

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Illinois adopts new procedural and evidentiary rules relating to protecting...

The Illinois Supreme Court recently announced two new rules, one of which is procedural and the other evidentiary that may impact ediscovery in Illinois. Both rules address attorney-client privilege...

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Fifth Circuit holds the Stored Communications Act does not protect text...

Garcia v. City of Laredo, Tex., 2012 WL 6176479 (5th Cir. Dec. 12, 2012). A police dispatcher for the City of Laredo claimed the City violated the Stored Communications Act (“SCA”) when it gained...

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Reconciling Federal Rule of Evidence 502 with Model Rule 1.6

Federal Rule of Evidence 502 provides lawyers with several tools to protect against a waiver of attorney-client privilege or work product immunity. From a risk management perspective, using Federal...

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