The Basics of Preparing for E-DiscoveryBy George Bellas & Jillian TattersallCivil Practice and Procedure, September 2019As discovery increasingly focuses on electronically stored information, it is important to have a working knowledge of the many issues associated with e-discovery.
The mystery behind electronically stored information discovery objectionsBy Arsenio L. MimsFederal Civil Practice, April 2017While the Federal Rules of Civil Procedure allow for the discovery of electronically stored information, the question practitioners are most commonly faced with is deciding what objections may be made during the discovery phase of litigation. And while the answers may seem straightforward, author Arsenio Mims shows they are anything but.
Proportionality in e-discovery: The Illinois appellate court seeks to find the right fitBy Eli Litoff, Kelly Warner, & Edward CasmereBench and Bar, April 2017In the years since Supreme Court Rule 201 was amended in 2014, Illinois appellate courts have not had occasion to apply the proportionality test, leaving litigants to resort to federal precedent to define their proportionality arguments.
The Seventh Circuit Electronic Discovery Pilot Program: The first seven yearsBy Timothy J. ChorvatFederal Civil Practice, June 2016Over the last seven years, the Pilot Program has promulgated principles designed to make discovery of electronically stored information (“ESI”) more efficient and cooperative, implemented those principles in hundreds of cases, and offered numerous educational programs to lawyers and others.
7th Circuit E-Discovery Pilot Program”: Mediation ProgramFederal Civil Practice, April 2016The Seventh Circuit E-Discovery Pilot Program has a new mediation program, free to litigants and specializing in e-discovery issues in small cases.
7th Circuit E-Discovery Pilot Program”: Mediation ProgramGovernment Lawyers, April 2016The Seventh Circuit E-Discovery Pilot Program has a new mediation program, free to litigants and specializing in e-discovery issues in small cases.
E-discovery Pilot Program completes Phase TwoBy Hon. James F. HoldermanFederal Civil Practice, June 2012All of the Phase One and Phase Two survey data, including the results of the other comparative E-Filer baseline surveys are available at <www.DiscoveryPilot.com>.
Risk(eDiscover)y Business: Managing risk in ESI discoveryBy TJ ThurstonLegal Technology, Standing Committee on, February 2012A look at some recent cases of sanctions and malpractice where the lawyers and/or their clients mismanaged or didn't handle EIS discovery in accordance with the rules.
E-discovery: Not as easy as it may soundBy Hon. Daniel T. GillespieCivil Practice and Procedure, August 2011What exactly is electronic discovery? Can this help attorneys and their clients? What if the attorney or party makes a mistake and sends out confidential information inadvertently? Can that be retrieved?
In-sitesGovernment Lawyers, June 2011Some resources for those interested in e-discovery.
E-Discovery issues in litigationBy George S. BellasLegal Technology, Standing Committee on, April 2011A look at the case ofPension Committee of the University of Montreal Pension Plan v. Bank of America Securities, LLC, which highlights the problems with electronically stored information.
Completing Phase One of the Seventh Circuit Electronic Discovery Pilot ProgramBy Hon. James F. HoldermanFederal Civil Practice, June 2010The Seventh Circuit Electronic Discovery Pilot Program was initiated in May 2009. Phase One has been completed; the Committee will review the feedback it receives regarding Phase One and then commence Phase Two, which will run from July I, 2010 to May 1, 2011.
eDiscovery issues: Possession, custody or control in the electronic ageBy Scott A. Carlson & Jay C. CarleCivil Practice and Procedure, March 2010This is another article in a series about electronic discovery or “eDiscovery.” In this article we will discuss some of the issues that arise when one overlays the general standard of “possession, custody or control” on electronically stored information (“ESI”).
A new approach to electronically stored information: The Seventh Circuit Electronic Discovery Pilot ProgramBy Timothy J. Chorvat & Christine P. BenaventeCivil Practice and Procedure, January 2010On October 1,2009, Phase One of the Seventh Circuit Electronic Discovery Pilot Program (“Pilot Program”) came into effect in participating federal courts in the Northern District of Illinois and other districts in the Seventh Circuit.
eDiscovery issues: Authenticating e-mail produced in discoveryBy Scott A. Carlson & Jay C. CarleCivil Practice and Procedure, December 2009This is the first in a series of articles about electronic discovery or “eDiscovery.” eDiscovery means a lot of different things to a lot of different people and each article will take on some discrete aspect of eDiscovery.
Electronic Discovery Project in the Northern District of IllinoisFederal Civil Practice, June 2009Chief Judge James Holderman of the Northern District of Illinois has empaneled a special committee to examine issues relating to electronic discovery in the Northern District. A preliminary report would be presented to the Judicial Conference in May, 2010.
Electronic discovery: Pay now or pay later!By Alan PearlmanLaw Office Management and Economics, Standing Committee on, February 2009The days of paper documents are becoming a faint memory and being replaced with e-mail, instant messaging, video and VoIP. Although these tools make our everyday lives easier, they have the potential to become a serious liability for your company if not managed properly.
Avoiding e-discovery pitfalls: Guidelines for practitionersBy Patricia M. FallonFederal Civil Practice, December 2008The move from paper to electronic discovery has resulted in an enormous increase in volume of discoverable material as well as a wealth of new problems for practitioners.
Electronic discovery in antitrust litigationBy Jason FliegelSeptember 2008As the scope, volume, and use of electronically stored information in day-to-day life has increased, so too has electronic discovery become an increasingly prevalent and expensive part of litigation.
Whether to shift costs or not under the new federal e-discovery rulesBy Michael W. TootooianFederal Civil Practice, March 2007The evolving nature of discovery and litigation in general has never been more dramatically affected than through the use of computers and more importantly the “electronically stored information” generated by them.
E-discovery now, not later—New Federal Rules of Civil ProcedureBy Michael J. HansonCivil Practice and Procedure, February 2007When the new amendments to the Federal Rules of Civil Procedure went into effect December 1, 2006, life got tougher for some attorneys who scrupulously avoid dealing with electronic data issues. A not uncommon approach has been to defer dealing with issues related to the discovery of electronically stored information (ESI) until later in the case, hoping that later will become never.
Ten suggested steps to ensure cost-effective e-discovery preparednessBy Sonya D. Naar & R. Matthew HillerCorporate Law Departments, November 2006The amendments to the discovery provisions of the Federal Rules of Civil Procedure, which deal primarily with how electronically stored information (“ESI”) is to be handled by parties to federal litigation, are set to take effect on December 1, 2006.
“Eek” and its not even Halloween: The new world of federal “e-discovery”By Frank M. GrenardCorporate Law Departments, September 2006December 1, 2006 is fast approaching and with it the much anticipated and feared modifications to the Federal Rules of Civil Procedure which will formalize the process of mining “e-data.”
Amendments to Federal Rules of Civil Procedure to address electronic discoveryBy Michael D. GiffordLabor and Employment Law, July 2006On April 12, 2006, the United States Supreme Court approved and forwarded to Congress certain revisions to the Federal Rules of Civil Procedure addressing preservation and discovery of data in electronic media, sometimes known as e-discovery.
