Publications

Section Newsletter Articles on Electronic Discovery

The new e-discovery amendments to the Supreme Court Rules: Illinois catches up By Timothy J. Chorvat Civil Practice and Procedure, July 2014 On May 29, 2014, the Illinois Supreme Court enacted a series of amendments to the Supreme Court Rules.
E-discovery Pilot Program completes Phase Two By Hon. James F. Holderman Federal Civil Practice, June 2012 All 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 discovery By TJ Thurston Legal Technology, Standing Committee on, February 2012 A 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 sound By Hon. Daniel T. Gillespie Civil Practice and Procedure, August 2011 What 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-sites Government Lawyers, June 2011 Some resources for those interested in e-discovery.
E-Discovery issues in litigation By George S. Bellas Legal Technology, Standing Committee on, April 2011 A look at the case of Pension Committee of the University of Montreal Pension Plan v. Bank of America Securities, LLC, which highlights the problems with electronically stored information.
E-discovery update: Guidelines for Delaware Chancery Courts By George S. Bellas Legal Technology, Standing Committee on, April 2011 Delaware has become one of the first states to adopt guidelines for e-discovery. See the guidelines here.
A new approach to electronically stored information: An update on the Seventh Circuit Electronic Discovery Pilot Program By Timothy J. Chorvat and Christine P. Benavente Civil Practice and Procedure, July 2010 The Pilot Program will now expand, taking account the feedback received in Phase One. Phase Two began on July 1, 2010 and will run until May 1, 2011.
Completing Phase One of the Seventh Circuit Electronic Discovery Pilot Program By Hon. James F. Holderman Federal Civil Practice, June 2010 The 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 age By Scott A. Carlson and Jay C. Carle Civil Practice and Procedure, March 2010 This 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 Program By Timothy J. Chorvat and Christine P. Benavente Civil Practice and Procedure, January 2010 On 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 discovery By Scott A. Carlson and Jay C. Carle Civil Practice and Procedure, December 2009 This 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 Illinois Federal Civil Practice, June 2009 Chief 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 Pearlman Law Office Management and Economics, Standing Committee on, February 2009 The 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 practitioners By Patricia M. Fallon Federal Civil Practice, December 2008 The 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 litigation By Jason Fliegel Antitrust and Unfair Competition Law, September 2008 As 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.
Managing e-discovery: What is required and how to save money By Jennifer Bertoglio Legal Technology, Standing Committee on, April 2008 A few tips that may help make your next e-discovery effort more manageable and cost-effective.
Whether to shift costs or not under the new federal e-discovery rules By Michael W. Tootooian Federal Civil Practice, March 2007 The 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 Procedure By Michael J. Hanson Civil Practice and Procedure, February 2007 When 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 preparedness By Sonya D. Naar and R. Matthew Hiller Corporate Law Departments, November 2006 The 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.
Amendments to Federal Rules of Civil Procedure to address electronic discovery By Michael D. Gifford Labor and Employment Law, July 2006 On 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.
E-discovery: Suggestions for outside vendor selection By Mark B. Moran Legal Technology, Standing Committee on, October 2005 Electronic discovery, the search of an opposing party or non-party witnesses’ computers, electronic databases and/or other storage devices, is becoming commonplace in the legal arena.