The landmark Zubulake e-discovery decisions were the first of many to transform a narrow duty not to spoliate into a much broader duty to affirmatively preserve all possibly relevant evidence when there exists a “reasonable anticipation of litigation.” But have these judicial opinions gone too far? In the December edition of Law Technology Now, Robert Owen, a partner at Sutherland Asbill & Brennan, says it’s time to shift gears and restore the balance. He talks with Monica Bay, editor-in-chief of Law Technology News, about his five proposed rules that he says will prevent substantial injustices, yet be comprehensive and comprehensible.
Interested in e-discovery rules across the globe? On this May edition of The ESI Report, host Kelly Kubacki, Staff Attorney in the Legal Technologies division at Kroll Ontrack welcomes Mark Surguy, Partner with Eversheds International and Tracey Stretton, Legal Consultant at Kroll Ontrack U.K., to explore electronic discovery rules, procedures and important developments from around the world. In the Bits & Bytes Legal Analysis segment, Ben Kirk, Kroll Ontrack Legal Correspondent, takes a look at In re Facebook PPC Advertising Litigation.
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Want to find out more about “Meet and Confer Sessions?” On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome Texas attorney and e-discovery expert, David Chaumette, partner in the law firm of De La Rosa & Chaumette, to get an inside look at meet and confer sessions. David talks about who should attend a meet and confer session with opposing counsel, what steps you should take if you do not know the answer to an issue that arises during a session, what topics must be covered and how to best document your efforts prior to having to defend your actions in front of a judge!
Special thanks to our sponsor, Applied Discovery.
What’s hot in e-discovery right now? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome California attorney and e-discovery expert, Josh Gilliland, author of the Bow Tie Blog, to discuss the five hottest topics in e-discovery today. Josh takes a look at issues with the form of production, litigation holds after the Pension Committee case, how small firms are surviving their entry into e-discovery, preservation of ESI and how to prove that an e-discovery request will cause an “undue burden.”