February 24, 2012
Magistrate Judge in the Southern District of New York Issues First Order Approving the Use of Predictive Coding Technology in Discovery.
Written by Steve Herman
January 13, 2012
United States Magistrate Judge in the District of Utah Rules that Evidence May Be Discarded as a Result of Good Faith Business Procedures.
Written by Steve Herman
December 1, 2011
Amended Federal Rule of Evidence 502 Expands Non-Waiver due to Inadvertent Disclosure related to any Federal Officer and/or Federal Proceedings.
Written by Steve Herman
November 16, 2011
Magistrate Judge in the Western District of Tennessee outlines Appropriate Steps to Preserve E-Data and/or otherwise effectuate “Litigation Hold” upon Receipt of Preservation Letter or other Notice of Anticipated or Pending Litigation.
Written by Steve Herman
August 4, 2011
ABA Issues Opinion Regarding the Duty to Protect the Confidentiality of E-Mail Communications with One’s Client.
Written by Steve Herman
August 4, 2011
ABA Issues Opinion that No Duty is Owed under Rule 4.4(b) when an Employer’s Lawyer Receives Copies of an Employee’s E-Mail Communications with the Employee’s Counsel on the Employer’s Computer System.
Written by Steve Herman
May 25, 2010
Magistrate Judge in the Northern District of Illinois imposes Sanctions where, after EEOC complaint was filed, Defendant Allowed Individuals Involved in alleged discriminatory conduct to Search their Own Computers and Decide What to Preserve.
Written by Steve Herman
January 13, 2010
Judge Rosenthal Imposes Sanctions in Case of Intentional Spoliation.
Written by Steve Herman
January 13, 2010
Judge Scheindlin Re-Visits Zubulake in Securities Case Involving Spoliation.
Written by Steve Herman
November 18, 2009
Court Orders Re-Production in Native Format where Files Were Originally Produced in PDF Form.
Written by Steve Herman