Publications of Interest > eData > Practices : Morgan, Lewis & Bockius

03/30/12 New York State Court Applies Zubulake Preservation Standard

LawFlash/Client Alert | eData LawFlash
Jennifer Williams, Denise Backhouse

Appellate court finds that parties reasonably anticipating litigation, even in the face of settlement discussions, must preserve information.

03/22/12 Loser Pays Most Electronic Discovery Costs? Not So Fast

LawFlash/Client Alert | eData LawFlash
Jennifer Williams, Denise Backhouse, Tara Lawler, Scott Milner, Graham Rollins, Jacquelyn Caridad, Stephanie Blair, Lorraine Casto

A recent opinion vacating most of the electronic discovery costs affirmed in Race Tires II provides clarity in the Third Circuit as to the limited scope of electronic discovery costs recoverable by a prevailing civil party.

02/22/12 District of Delaware Adopts Default Standards for E-Discovery

LawFlash/Client Alert | eData LawFlash
L. Keven Hayworth, Tara Lawler, Scott Milner, Jennifer Williams, Lorraine Casto, Graham Rollins, Jacquelyn Caridad, Denise Backhouse, Stephanie Blair

The trend continues toward increased judicial involvement in e-discovery to lower litigation costs and promote cooperation among litigants.

02/21/12 Preservation & Proportionality in eDiscovery, presented to the New Jersey chapter of Women in eDiscovery

Presentation | Speech
Denise Backhouse

02/08/12 Blogging, Friending & Tweeting: What Attorneys Should & Should Not Do, presented at The New York City Bar Association

Presentation | Speech
Denise Backhouse

02/01/12 Overhaul of European Data Protection Law Announced

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Celia Kendrick, François Vergne, Matthew Howse, Walter Ahrens

European Commission proposal for a new General Data Protection Regulation aims to strengthen and harmonise data protection law across Europe.

12/08/11 Reducing Cost from Electronic Discovery, presented for Corporate Counsel magazine's 3rd Annual Controlling Legal Costs Seminar

Presentation | Speech
Scott Milner

Reducing Cost from Electronic Discovery, presented for Corporate Counsel magazine's 3rd Annual Controlling Legal Costs Seminar. more

12/06/11 Ethics and eDiscovery—Practical Implications for Life Sciences Corporations, presented for a Delaware Valley Chapter of the Association of Corporate Counsel (DELVACCA) Life Sciences Seminar

Presentation | Speech
Scott Milner

Ethics and eDiscovery-Practical Implications for Life Sciences Corporations, presented for a Delaware Valley Chapter of the Association of Corporate Counsel (DELVACCA) Life Sciences Seminar. more

11/28/11 Be Careful What You Ask for: Loser Pays Prevailing Party Electronic Discovery Costs (Again)

LawFlash/Client Alert | eData LawFlash
eData Practice

Following on the heels of Race Tires II ,[1] which awarded electronic discovery costs in favor of the prevailing party, several recent awards suggest that when deciding whether to pursue lit... more

10/25/11 Using Lean Six Sigma and Predictive Coding to Confront Volume Problem, Legal Intelligencer

Outside Publication | Article
Tara Lawler, Stephanie Blair

Traditional document review in the age of e-discovery is reaching the point of infeasibility. Setting hordes of attorneys in front of computer screens to review and code millions (sometimes billions) of records is not only prohib... more

09/28/11 Federal Circuit Unveils Model Order for E-Discovery in Patent Cases

LawFlash/Client Alert | eData LawFlash
L. Keven Hayworth, Tara Lawler, Scott Milner, Jennifer Williams, Lorraine Casto, Graham Rollins, Jacquelyn Caridad, Denise Backhouse, Stephanie Blair

During his September 27 remarks at the Eastern District of Texas Judicial Conference, Chief Judge Randall R. Rader of the U.S. Court of Appeals for the Federal Circuit unveiled a new Model Order for the governance of e-discover... more

09/15/11 Cross-Border Discovery and Investigations—Developing a Strategic Response Plan, presented for Virtual LegalTech

Presentation | Speech
Denise Backhouse

09/08/11 European Data Protection Laws: Critical Considerations for International Privacy and E-Discovery, presented for a Guidance Software webinar

Presentation | Webinar
Denise Backhouse

08/31/11 Panelist, eDiscovery in Employment Litigation, Pennsylvania Bar Institute Seminar

Presentation | Speech
Scott Milner

06/29/11 Social Media in eDiscovery

Presentation | Webinar
Scott Milner, Denise Backhouse, Stephanie Blair

06/20/11 Electronic Discovery Costs: Loser Pays (for what?)

LawFlash/Client Alert | eData LawFlash
eData Practice

To what extent might it be possible to recoup costs associated with electronic discovery as part of a trial judgment? Federal Rule of Civil Procedure 54(d) gives the prevailing party the right to recover costs where authorized ... more

06/09/11 Court Compels Production of Personal Emails from Company Systems Citing Lack of Reasonable Privacy Expectation

LawFlash/Client Alert | eData LawFlash
Scott Milner

On May 23, in SEC v. Reserve Management Co. Inc. ,[1] the U.S. District Court for the Southern District of New York ruled that an employee does not have a reasonable expectation of privacy w... more

06/01/11 Social Media Data: Practical Guidance on Handling Discovery Issues, presented for the New York City Bar Association

Presentation | Speech
Denise Backhouse

05/26/11 Ethics and eDiscovery, presented at a Retail Company sponsored CLE

Presentation | Speech
Scott Milner

05/25/11 Trends in eDiscovery, presented as CLE at Retail Industry Roundtable

Presentation | Speech
Scott Milner

05/24/11 eDiscovery and Employment Litigation, presented as CLE at Retail Industry Roundtable

Presentation | Speech
Scott Milner

05/20/11 Chief Judge Imposes Privilege Waiver Sanctions Against Defendant for Repeated Discovery Misconduct in DL v. District of Columbia

LawFlash/Client Alert | eData LawFlash
eData Practice

Chief Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia sent a clear message to litigants last week: repeated discovery violations will not be tolerated and may subject the violator to harsh sanctio... more

05/10/11 Three Strikes and You’re Out: Tenth Circuit Dismisses Case as a Sanction for Discovery Noncompliance in Lee v. Max International

LawFlash/Client Alert | eData LawFlash
eData Practice

Discovery, in this age of cheap data storage and voluminous communication, can be a daunting and expensive prospect. As deadlines loom and hours accumulate, it is tempting to settle for "good enough" and hope for leniency. That... more

May 2011 Collection of Electronically Stored Information: Reducing Risk and Cost beyond E-Disclosure, presented at the 2011 IQPC Information Retention & E-Disclosure Management Summit, London

Presentation | Speech
Denise Backhouse

May 2011 Developing an Investigation Response Strategy that Balances the Cost of Compliance with the Risk of Exposure, presented at the 2011 IQPC Information Retention & E-Disclosure Management Summit, London

Presentation | Speech
Denise Backhouse