Electronic Discovery Road Map

Ex Parte Discovery Permitted in Website Trademark Infringement and Defamation Case

Robert C. Lesan, III — Wed, 03 Nov 2010 12:00:00 -0400

The recent decision of a Utah District Court has opened the door to ex parte discovery in cases involving website content. In 1524948 Alberta Ltd. V. Joe Doe 1-50, No. 10-900 (D. Utah September 23, 2010), the plaintiff alleged that certain website content infringed on its trademark and was defamatory.

Tags: Branding, E-Discovery, Federal Rule, Intellectual Property, Litigation, Rule 26

Does Your Law Firm Follow ESI Best Practices

Clarence Williams III — Thu, 20 May 2010 12:00:00 -0400

Over the years the overwhelming volume of electronically stored information (ESI) continues to grow.

Tags: E-Discovery, EDD Processing, Electronic Data Discovery, ESI, Federal Rule, Technology

Email Archiving Tips

Clarence Williams III — Thu, 28 Jan 2010 12:00:00 -0500

It is a reality in today’s society that any organization in any industry that has the potential of being involved in litigation in the U.S. Federal Court system must comply with the FRCP requirements. The amendments which went into effect on December 1, 2006 mandate that companies be prepared for electronic discovery. The organization must know where their data is, how to retrieve it, how to meet data requests, and they must determine what data will not be subject to search.

Tags: E-Discovery, Electronic Data Discovery, Email Retention, ESI, Federal Rule

The Cooperation Proclamation: Way of the Future or Ideal Never to Pass?

Thu, 03 Dec 2009 12:00:00 -0500

When the Sedona Conference issued its Cooperation Proclamation in 2008, the concept was simple: collaborate with the adverse party to make the electronic discovery process transparent, effective, and efficient. Work together to reduce costs. Cooperate to fulfill the true spirit and intent of the rules. But is this possible?