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Happy Holidays to All!

Have a safe and joyous holiday season and a successful New Year!

Much thanks to all for your readership this past year!  I also appreciate all your emails.

I plan to redesign and expand this blog a little more by the beginning of the new year.  So, come back soon.

Thank you again!

Another View of Amended FRCP One Later

Chicken Little-gation In the Electronic World

A year ago, the rules that govern litigation in our federal courts were amended to require lawyers and clients to deal head on with electronically stored information (ESI). On December 1, 2006, changes to the Federal Rules of Civil Procedure (FRCP) went into effect. Prior to the amendments, litigants routinely ignored ESI and, operating under a doctrine of "mutually assured destruction," refrained from seeking it from their adversaries for fear they would be compelled to do the same.

The complete story is here.

FRCP & eDiscovery: One year later

FRCP and e-discovery: One year later

"This week marks the first anniversary of changes to the Federal Rules of Civil Procedure (FRCP), which mandates the speedy recovery of electronically stored information. In the intervening year, oodles of vendors have tweaked their archiving products to meet the requirements of the FRCP, adding search and rapid retrieval capability, as well as the ability to audit operations."

Here's the complete story.

Getting ESI Evidence Admitted: Lorraine v. Markel American Insurance Co.

Getting ESI Evidence Admitted: Lorraine v. Markel American Insurance Co.

By Jeffrey L. Nagel of Gibbons P.C.

Much has been written about a company's obligation to preserve, produce, and even restore electronically stored information ("ESI"), but much less has been written about the ways in which ESI can actually be used as evidence to prove one's case or defend against a charge. That is changing, as shown by the recent case of    Lorraine v. Markel American Insurance Co.  , 241 F.R.D. 534 (D.Md. May 4, 2007).

 

Producing Electronically Stored Information

Producing Electronically Stored Information

By John P. Scordo and Kristine Russo Begley of Day Pitney LLP

As technology advances, the need for discovery of electronic communications and information increases and raises questions concerning the proper form of production for electronically stored information (ESI). The December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) were designed to facilitate early communication regarding the production of ESI and to allow litigants to request specific production formats. Litigants should be aware of the various forms of production available, the issues that have arisen, and the cost and practicality of utilizing those forms.