Outside Publication | Article
Scott Milner
Reprinted with permission from the May 8, 2013 edition of The Legal Intelligencer© 2013 ALM media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 87... more
LawFlash/Client Alert | eData LawFlash
Graham Rollins, Stephanie Blair
Focusing on precision rather than recall, district court finds that process complies with discovery obligations.
Presentation | Speech
Scott Milner
On April 30, eData partner Scott Milner presented at an ALI CLE/E-Discovery ESI for Employment Lawyers The event was held as a webcast forum. Scott presented on the emerging area of "Bring ... more
Presentation | Speech
Michael Pillion, Barbara Melby, Jacquelyn Caridad, Gregory Parks
With the growing ability to capture, access, and analyze an amazing amount and variety of data, companies are looking hard at how best to use data to become more competitive and to protect data considered to be valuable assets. T... more
Presentation | Speech
Scott Milner
On April 16 and 17, the LEPG and LPG practices held their annual client Retail Roundtables in Chicago. Over 30 clients attended each of the 2-day roundtables, one day dedicated to Labor and Employment issues and the other dedica... more
Presentation | Speech
Scott Milner, Jacquelyn Caridad
Presentation | Speech
Stephanie Blair
Presentation | Speech
Scott Milner, Stephanie Blair
Presentation | Speech
Scott Milner
LawFlash/Client Alert | eData LawFlash
Jennifer Williams, Stephanie Blair
Court finds that using technology to undertake more efficient document review is reasonable.
Outside Publication | Article
Tara Lawler
Reprinted with permission from the January 30, 2013 edition of The Legal Intelligencer© 2013 ALM media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 8... more
Morgan Lewis Title | Deskbook
Morgan Lewis's eData Practice recently released the second edition of the eData Deskbook . The eData Deskbook is a unique discovery and data governance reference book authored by the eData team. When it was first publish... more
Outside Publication | Book
Denise Backhouse
LawFlash/Client Alert | eData LawFlash
Scott Milner, Lorraine Casto, Stephanie Blair
The trend toward increased judicial involvement in eDiscovery to lower litigation costs and promote cooperation among litigants takes another leap forward in the Northern District of California.
Presentation | Speech
Scott Milner
Presentation | Speech
Scott Milner
LawFlash/Client Alert | eData LawFlash
Jennifer Williams
Eastern District of Pennsylvania decision offers discovery cost relief for litigants faced with asymmetrical pre-class certification discovery.
LawFlash/Client Alert | eData LawFlash
Scott Milner, Denise Backhouse, Stephanie Blair
Absent showing of sound methodology, Judge Scheindlin finds identification, self-collection, and keywords to be insufficient.
LawFlash/Client Alert | eData LawFlash
Scott Milner, Denise Backhouse, Stephanie Blair
Rejecting Judge Scheindlin's Pension Committee standard, the Second Circuit adopts a case-by-case approach to determining the degree of negligence and sanctions.
LawFlash/Client Alert | eData LawFlash
Tara Lawler, Scott Milner, Stephanie Blair
While some of the rules overlap with existing federal provisions, there are some differences—key among them Florida's absence of a mandatory "meet and confer" rule.
Presentation | Speech
Scott Milner
LawFlash/Client Alert | eData LawFlash
Tara Lawler, Scott Milner, Jacquelyn Caridad
State Supreme Court adopts new eDiscovery rules similar to federal rules, but specifically rejects federal jurisprudence.
Presentation | Webinar
Scott Milner, Stephanie Blair
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.
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.
Presentation | Speech
Scott Milner, Stephanie Blair
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.
Presentation | Speech
Denise Backhouse
Presentation | Speech
Denise Backhouse
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.
Presentation | Scott Milner
Presentation | Speech
Scott Milner
Reducing Cost from Electronic Discovery, presented for Corporate Counsel magazine's 3rd Annual Controlling Legal Costs Seminar. more
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
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
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
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
Presentation | Speech
Denise Backhouse
Presentation | Webinar
Denise Backhouse
Presentation | Speech
Scott Milner
Presentation | Webinar
Scott Milner, Denise Backhouse, Stephanie Blair
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
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
Presentation | Speech
Denise Backhouse
Presentation | Speech
Scott Milner
Presentation | Speech
Scott Milner
Presentation | Speech
Scott Milner
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
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
Presentation | Speech
Denise Backhouse
Presentation | Speech
Denise Backhouse
Presentation | Speech
Denise Backhouse
Outside Publication | Article
Denise Backhouse
Presentation | Speech
Scott Milner
Presentation | Speech
Denise Backhouse
LawFlash/Client Alert | eData LawFlash
eData Practice
On January 18, the Delaware Court of Chancery joined a growing number of jurisdictions in issuing guidelines concerning discovery of electronically stored information (ESI). The court's guidelines are limited to the preservatio... more
LawFlash/Client Alert | eData LawFlash
eData Practice
In her latest opinion, Judge Shira A. Scheindlin of the Southern District of New York addressed the issue of metadata in productions. In National Day Laborer Organizing Network v. United States Immigration and Customs Enforcem... more
LawFlash/Client Alert | eData LawFlash
eData Practice
In a recent opinion addressing a motion to compel compliance with a nonparty subpoena, DeGeer v. Gillis , 2010 WL 5096563 (N.D. Ill. Dec. 8, 2010), the U.S. District Court for the Northern District of Illinois found that the ab... more
LawFlash/Client Alert | eData LawFlash
eData Practice
In a recent federal district court case addressing a defendant’s motion to compel, Jannx Medical Systems, Inc. v. The Methodist Hospitals, Inc. , 2010 WL 4789275, U.S. Magistrate Judge Paul R. Cherry found a plaintiff&rs... more
LawFlash/Client Alert | eData LawFlash
eData Practice
The inadequacy of preservation efforts alone is not always sufficient to warrant sanctions; proof of relevance can also be a determining factor for courts in deciding discovery sanctions. In a recent federal district court case... more
Presentation | Speech
Denise Backhouse
Presentation | Speech
Denise Backhouse
Presentation | Speech
Scott Milner
Presentation | Speech
Denise Backhouse
Outside Publication | Article
Denise Backhouse
LawFlash/Client Alert | eData LawFlash
eData Practice
On September 9, Magistrate Judge Paul W. Grimm rendered the sequel to his landmark Victor Stanley decision.[1] His opinion in Victor Stanley, Inc. v. Creative Pipe, Inc . ( Victor Stanle... more
LawFlash/Client Alert | eData LawFlash
eData Practice
In a much-anticipated opinion in the Quon [1] matter, on June 17 the U.S. Supreme Court declined to set precedent on broad issues of employee privacy expectations in workplace communicatio... more
LawFlash/Client Alert | eData LawFlash
eData Practice
In a recent decision involving stored electronic communications held by third-party social networking sites Facebook and MySpace, Inc. (MySpace) and web hosting provider Media Temple, Inc. (Media Temple), Judge Margaret Morrow o... more
Presentation | Speech
Denise Backhouse
LawFlash/Client Alert | eData LawFlash
eData Practice
On April 19, CBS Evening News correspondent Armen Keteyian reported on the risks associated with information stored in digital copiers that may persist even after the machines have been sold or returned to a leasing company. Mo... more
LawFlash/Client Alert | eData LawFlash
eData Practice
During a recent telephone conference regarding a discovery dispute in Roffe v. Eagle Rock Energy GP, et al., C.A. No. 5258-VCL (Del. Ch. Apr. 8, 2010), Vice Chancellor Laster ruled from the bench that confirmatory discovery-like ... more
Presentation | Webinar
Denise Backhouse
LawFlash/Client Alert | eData LawFlash
eData Practice
According to the U.S. Bankruptcy Court for the Southern District of New York, a lack of bad faith is no longer a defense to court sanctions for failure to produce documents in a timely manner. That court, in In re A&M Flor... more
Presentation | Speech
Denise Backhouse
Presentation | Speech
Denise Backhouse
Presentation | Speech
Denise Backhouse
Presentation | Speech
Scott Milner
LawFlash/Client Alert | eData LawFlash
eData Practice
In her recent opinion in Rimkus v. Cammarata , [1] Judge Lee Rosenthal of the U.S. District Court for the Southern District of Texas, widely regarded as a leading authority on electronic di... more
LawFlash/Client Alert | Cross-Practice Alert
Labor and Employment, eData, and Litigation Practices
On March 30, the New Jersey Supreme Court affirmed the Appellate Division of the Superior Court's decision in Marina Stengart v. Loving Care Agency, Inc. , [1] and held that an employee has... more
Outside Publication | White Paper
Denise Backhouse
Presentation | Speech
Scott Milner
Presentation | Speech
Denise Backhouse
Presentation | Speech
Denise Backhouse
LawFlash/Client Alert | eData LawFlash
eData Practice
In an amended order subheaded " Zubulake Revisited: Six Years Later," Judge Shira A. Scheindlin (SDNY), author of the seminal Zubulake opinions, outlines the standards of conduct expected of litigants and counsel engaged in d... more
LawFlash/Client Alert | eData LawFlash
eData Practice
In AccessData Corporation v. ALSTE Technologies GmbH , 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010) the U.S. District Court for the District of Utah, Central Division, compelled the production of personal information abou... more
Presentation | Speech
Scott Milner
LawFlash/Client Alert | eData LawFlash
eData Practice
On September 28, 2009, the District Court for the Middle District of Florida, Orlando Division, issued an order in Robert G. Swofford, et al. v. Donald Eslinger, et al. , Case. No.6:08-cv-Orl-35DAB (M.D. Fla. Sept. 28, 2009),... more
LawFlash/Client Alert | eData LawFlash
eData Practice
On December 10, the District Court for the District of Columbia ruled that email exchanges between an employee and his outside counsel were protected by the attorney-client privilege even though those exchanges involved the use ... more
LawFlash/Client Alert | eData LawFlash
eData Practice
On October 28, 2009, the U.S. Bankruptcy Court for the District of Delaware held in the matter of In re Global Power Equipment Group, Inc. , No. 06-11045, 2009 WL 3464212 (Bkrtcy. D. Del., Oct. 28, 2009) ( Global Power ), that ... more
Presentation | Webinar
Denise Backhouse, Stephanie Blair, Walter Ahrens
LawFlash/Client Alert | eData LawFlash
eData Practice
In a recent decision, a magistrate judge in a U.S. District Court in New Jersey ruled that a discovery plan crafted pursuant to Federal Rule of Civil Procedure 26(f) did not protect the plaintiff's inadvertent production of priv... more
LawFlash/Client Alert | eData LawFlash
eData Practice
Federal Rule of Civil Procedure 26(b)(2)(C) provides that a court " must limit the frequency or extent of discovery otherwise allowed . . . if it determines that: (i) the discovery sought is unreasonably cumulative or duplicat... more
Presentation | Speech
Denise Backhouse
This presentation focused on cost-effective data protection compliance measures suggested in recent EU guidelines, and described current U.S. initiatives to facilitate the protection of transferred data. Lively discussion foll... more
Outside Publication | White Paper
Denise Backhouse
Presentation | Webinar
Scott Milner
Presentation | Speech
Denise Backhouse
LawFlash/Client Alert | eData LawFlash
eData Practice
On July 21, the U.S. District Court for the Western District of Kentucky in KCH Services, Inc. v. Vanaire, Inc. , 2009 WL 2216601 (W.D. Ky. July 21, 2009) granted the request of plaintiff KCH Services, Inc. (KCH) for an adverse... more
LawFlash/Client Alert | eData LawFlash
eData Practice
On July 7, the U.S. District Court for the Western District of Washington significantly reduced the attorney's fees in an employment discrimination case due to the inexperience of plaintiffs' counsel in handling issues pertainin... more
LawFlash/Client Alert | eData LawFlash
eData Practice
On June 26, the Appellate Division of the Superior Court of New Jersey held in Marina Stengart v. Loving Care Agency, Inc., et al., Docket No. A-3506-08T1 (Superior Ct. N.J. – Appellate Division June 26, 2009), that an emp... more
LawFlash/Client Alert | eData LawFlash
eData Practice
On June 29, California Governor Arnold Schwarzenegger signed California's Electronic Discovery Act into law, effective immediately . The act contains comprehensive eDiscovery rules that largely parallel the now well-establishe... more
Morgan Lewis Title | White Paper
Denise Backhouse, Stephanie Blair
With the rise of globalization, the multinational corporation is now a well-established fixture on the corporate landscape. Whether the corporation is based in the United States, with operations abroad, or headquartered oversea... more
LawFlash/Client Alert | eData LawFlash
eData Practice
On May 5, the U.S. District Court for the Northern District of California, in RealNetworks, Inc. v. DVD Copy Control Association , 2009 WL 1258970 (N.D. Cal. May 5, 2009), granted DVD Copy Control Association's (DVD CCA's) moti... more
Outside Publication | Article
Stephanie Blair
LawFlash/Client Alert | eData LawFlash
eData Practice
The Federal Rules of Civil Procedure include what has been termed a “safe harbor” from sanctions in Rule 37. Rule 37(e) states that “[a]bsent exceptional circumstances, a court may not impose sanctions under t... more
LawFlash/Client Alert | eData LawFlash
eData Practice
In a recent opinion, District Judge for the Southern District of New York Shira Scheindlin held that government agencies initiating civil litigation are bound to abide by the discovery mandates of the Federal Rules of Civil Pro... more
Presentation | Speech
Denise Backhouse
LawFlash/Client Alert | eData LawFlash
eData Practice
In one of the few appellate-level decisions addressing the scope of eDiscovery subpoena compliance, the U.S. Court of Appeals for the D.C. Circuit ruled on January 6, 2009 that a nonparty had to comply with a stipulated discove... more
LawFlash/Client Alert | eData LawFlash
eData Practice
On October 3, the U.S. District Court for the Eastern District of Texas held in ReedHycalog v. United Diamond , 2008 U.S. Dist. Lexis 93177 (E.D. Tex. Oct. 3, 2008), that a producing party has an obligation to cull out irrelevan... more
LawFlash/Client Alert | eData LawFlash
eData Practice
As reported in our September 22 eData LawFlash, “Newly Adopted Federal Rule Attempts to Address Privilege and Work Product Waiver Concerns,” Federal Rule of Evidence 502 was enacted on September 19, 2008 “to l... more
LawFlash/Client Alert | eData LawFlash
eData Practice
On Friday, September 19, 2008, President Bush signed into law S. 2450, which adds Rule 502 to the Federal Rules of Evidence. According to its drafters, the new rule is designed "to limit the consequences of inadvertent disclosu... more
LawFlash/Client Alert | eData LawFlash
eData Practice
On June 18, the Court of Appeals for the Ninth Circuit held in Quon v. Arch Wireless Operating Co. , No. 07-55282 (9th Cir.), that employee text messages are subject to the Stored Communications Act of 1986, and that employees... more
Presentation | Speech
Stephanie Blair
Presentation | Speech
Scott Milner
Presentation | Speech
Scott Milner
Presentation | Speech
Denise Backhouse, Stephanie Blair
Presentation | Speech
Denise Backhouse
Presentation | Speech
Presentation | Webinar
Scott Milner, Denise Backhouse, Stephanie Blair
Presentation | Speech
Denise Backhouse, Stephanie Blair
LawFlash/Client Alert | Resources in Real Time
Morgan Lewis Resources
The rapid development of e-commerce in the past 15 years has resulted in new opportunities for criminals. Fraudulent access to a person’s bank or credit card account can be obtained with little more than a name, address, ... more
Presentation | Webinar
Denise Backhouse
Presentation | Speech
Stephanie Blair
Presentation | Speech
Stephanie Blair
LawFlash/Client Alert | Resources in Real Time
Stephanie Blair
On April 12, 2006, the U.S. Supreme Court approved, without comment or dissent, amendments to the Federal Rules of Civil Procedure (FRCP) to address some of the legal and practical issues generated by the explosion of electronic... more