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Proportionality in E-Discovery: Tools for Efficiency and Cost Reduction

In our increasingly technological society, parties are encountering a greater demand for electronically stored information (“ESI”) in litigation. This demand has led to the adoption of a concept called proportionality. Proportionality evaluates the costs and benefits of e-discovery, to determine if discovery production is warranted.

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Use and Abuse of Attorney-Client Privilege and Work Product Doctrine in E-Discovery

Two  federal courts recently dealt with thorny issues stemming from defendant employers’ use of the attorney-client privilege and work product doctrine. These rulings should be heeded by those of us who develop or revise electronic data review protocols, particularly any  guidance for determining when to withhold documents under the attorney-client privilege or the work product doctrine.

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Can a Simple Form Reduce Disputes Over ESI?

Can a simple form make ESI discovery easier for us and reduce our clients’ expenses, inconvenience, and distrust of opposing counsel? Having studied a  two-page Order developed by Magistrate Judge Thomas Shields of the U. S. District Court for the Southern District of Iowa, I would answer in the affirmative.

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Ex Parte Discovery Permitted in Website Trademark Infringement and Defamation Case

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. 

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Getting the Geeks to Reboot

As the CIO of our firm (I prefer “Head Geek”, thank you very much) I see the time, effort, and money that is being spent on E-Discovery issues and wonder where this is all really going. 

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

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? 

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