How often have you found yourself looking at the PDF on the screen and scratching your head wondering why a word or phrase you are looking at on the monitor or printout just can’t be found in the PDF. Well you are not alone, and in fact very recently EID, Inc. identified the issue during [...]
Records out of control? Do you have too many electronic copies of one document so you don’t know which version is the latest? You know you want (and need) to fix it, but how do you start? Where to start is actually easy. Begin with an assessment to determine exactly where your records are and [...]
What Do the new California E-Discovery Rules Mean for the Practitioner?
The reality is that the new California E-Discovery Rules change very little about what is discoverable. Electronic evidence has always been subject to discovery. However, the change to the rules [citation] does highlight the additional responsibilities incumbent upon practitioners, both litigation and business advisors.
That type of “adverse inference” instruction could easily tip the balance of the entire litigation. So, beware. Failure to maintain all the records of your organization whenever there is a reasonable anticipation that litigation will ensue can seriously damage even the best of cases.
Cost-shifting in federal E-Discovery cases after a party prevails has hit a significant road-bump in the federal courts under the Fourth and Third Circuits Court of Appeals. Both appellate courts have now held that the costs available under 28 U.S.C. sec. 1920(4) are limited to the actual costs of making copies of records — not all the activity leading up to the copy.
You gotta look under the hood and check out the underlying assumptions in all of those funkly Excel cells. You can bet at least 2 leading economists will ask someone to look at their Excel spreadsheets next time.