Scholarly Articles & Institutional Publications

19 Rich. J.L. & Tech 10 (2013), available at http://jolt.richmond.edu/v19i3/article10.pdf   From the Article: “This Article provides an overview of the clash of cultures extant in the practice of e-discovery related law today along with an entertaining comparative perspective from the viewpoint of a similar clash that occurred in the physical sciences.  The author hopes that […]

19 Rich. J.L. & Tech 9 (2013), available at http://jolt.richmond.edu/v19i3/article9.pdf   From the Article: “Legal professionals regularly advise clients to ensure that the storage, retention, and accessibility of their Electronically-Stored Information (‘ESI’) is in full compliance with all legal and regulatory requirements in the event this information becomes relevant in civil, criminal, or regulatory disputes.  However, what […]

19 Rich. J. L. & Tech 8 (2013), available at http://jolt.richmond.edu/v19i3/article8.pdf   From the Article: “A large number of federal districts have undertaken local initiatives to deal with e-Discovery.  Some merely make passing reference to e-Discovery in local rules while others explicitly describe topics deemed worthy of attention or mandate specific measures to resolve open e-discovery issues.  […]

From the presentation of the Guide in the newsletter 44th Street Notes – May 20, 2013: “The City Bar’s E-Discovery Working Group has issued an E-Discovery Guide for Lawyers. The Guide is intended to offer an overview of procedures and steps an attorney should take when handling electronically-stored information (ESI), including: the identification of ESI; […]

The full text is available at http://www.newyorklawjournal.com…

Authors discusses a Northern District of Illinois decision, which – she deems – shall serve as a reminder to all counsel relying on e-discovery vendors. The full text can be downloaded at http://www.discoveryadvocate… Related material is available at http://www.technethics…

From the Introductory Paragraph: “This paper describes the changes made to the Florida Rules and highlights differences between them and their federal counterparts.”   The full text available at: http://www.scribd.com…

The Author’s Abstract: “This Issue Brief explores an oft-neglected irony in international e-discovery: the rationales used by courts to compel discovery against foreign parties embroiled in litigation in U.S. courts may contradict courts’ reasoning when compelling discovery against U.S. parties engaged in litigation overseas. U.S. courts often grant petitions for discovery, increasingly electronic in form, […]

From the Introduction:  “These Guidelines for Best Practices in E-Discovery in New York State and Federal Courts (the “Guidelines”) are intended to provide New York practitioners with practical, concise advice in managing electronic discovery (“e-discovery”) issues in both state and federal courts in New York, and to be a reference for best practices in e-discovery […]

The Conclusion of the Article: “If the Ninth Circuit agrees with the Third Circuit’s view of Section 1920(4), as seems likely after the Supreme Court’s decision in Taniguchi addressing Section 1920(6) specifically and the dicta in Taniguchi addressing Section 1920 generally, the district courts and other circuits will almost certainly follow suit. If that prediction […]