| RESOURCES |
The Sedona Conference® Working Group on Electronic Document Retention and Production publication
regarding electronic document productions, "The Sedona Principles: Second Edition (2007)". The
Second Edition includes a handy chart on page 5 which cross-references to the amended Federal Rules of
Civil Procedure, as well as citations to leading case law and court rules. The publication is available for free
download at....
http://www.thesedonaconference.org/dltForm?did=TSC_PRINCP_2nd_ed_607.pdf
regarding electronic document productions, "The Sedona Principles: Second Edition (2007)". The
Second Edition includes a handy chart on page 5 which cross-references to the amended Federal Rules of
Civil Procedure, as well as citations to leading case law and court rules. The publication is available for free
download at....
http://www.thesedonaconference.org/dltForm?did=TSC_PRINCP_2nd_ed_607.pdf
Review the text of the March 2, 2007 Order of USDC, District of Colorado Magistrate Judge Craig B.
Shaffer in Cache La Poudre Feeds, LLC v. Land O'Lakes, Inc., et al. imposing monetary sanctions relating
to failure to preserve electronic evidence, and detailing issues regarding obligations of "The Litigation Hold".
(CLICK HERE)
Shaffer in Cache La Poudre Feeds, LLC v. Land O'Lakes, Inc., et al. imposing monetary sanctions relating
to failure to preserve electronic evidence, and detailing issues regarding obligations of "The Litigation Hold".
(CLICK HERE)
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Review the text of the April 19, 2007 Order of USDC, District of Colorado Magistrate Judge Michael J.
Watanabe in Metro Wastewater Reclamation District v. Alfa Laval, Inc. granting defendant's Motion to
Compel electronic records where plaintiff argued production of same would be too costly. (CLICK HERE)
Watanabe in Metro Wastewater Reclamation District v. Alfa Laval, Inc. granting defendant's Motion to
Compel electronic records where plaintiff argued production of same would be too costly. (CLICK HERE)
December 1, 2006 Federal Rules of Civil Procedure (CLICK HERE)
| INADVERTENT PRODUCTION OF METADATA |
| STATE ISSUED GUIDELINES & COURT RULES RE: DISCOVERY OF ESI |
| USDC CASELAW - OTHER JURISDICTIONS |
| USDC CASELAW - COLORADO |
| FEDERAL RULES OF CIVIL PROCEDURE / SEDONA PRINCIPLES |
| Have a resource worth posting? Submit same to kathleen.wener@HRO.com! |
| GLOSSARY OF ELECTRONIC DISCOVERY TERMS |
| EDRM's glossary of electronic discovery terms: http://www.edrm.net/wiki/index.php/Glossary |
| ONLINE ELECTRONIC DISCOVERY RESOURCES |
www.ediscoverylaw.com
www.fiosinc.com/events/webcasts/webcast_archive.asp
www.krollontrack.com
www.applieddiscovery.com
www.electronicdiscoveryblog.com
www.discoveryresources.org
www.craigball.com
www.technologycounsel.org
www.fiosinc.com/events/webcasts/webcast_archive.asp
www.krollontrack.com
www.applieddiscovery.com
www.electronicdiscoveryblog.com
www.discoveryresources.org
www.craigball.com
www.technologycounsel.org
Listing of states that have enacted electronic discovery rules (CLICK HERE)
| HARD COPY ELECTRONIC DISCOVERY RESOURCES |
Hand selected list of some select books and reference materials related to electronic discovery. CLICK
HERE
HERE
Colorado Bar Association Ethics Committee Formal Opinion 119: Disclosure, Review and Use of Metadata,
adopted 05/17/08 CLICK HERE
adopted 05/17/08 CLICK HERE
The Sedona Conference® Cooperation Proclamation. July 2008. A call to promote cooperation
in discovery, particularly ediscovery. Purpose is to promote and drive a change in the culture of discovery
to one of heightened cooperation. (CLICK HERE)
in discovery, particularly ediscovery. Purpose is to promote and drive a change in the culture of discovery
to one of heightened cooperation. (CLICK HERE)
Review the text of the November 13, 2007 Order of USDC, District of Colorado Magistrate Judge Boyd
Boland in Garcia v. Berkshire Life Insurance Company of America granting, in part, defendant's Motion to
Compel plaintiff's counsel to produce electronic data. "Technical incompetence with respect to computers..."
found not to be a viable argument for failure to produce relevant electronic evidence. (CLICK HERE)
Boland in Garcia v. Berkshire Life Insurance Company of America granting, in part, defendant's Motion to
Compel plaintiff's counsel to produce electronic data. "Technical incompetence with respect to computers..."
found not to be a viable argument for failure to produce relevant electronic evidence. (CLICK HERE)
Review the text of the February 25, 2009 Order of Senior USDC Judge John Kane and Recommendation
of Magistrate Judge Michael Watanabe, USDC Colorado in Smith et al. v. Slifer, et al. granting Plaintiff's
Motion for Sanctions for Destruction of Evidence where a party to the action used wiping software to remove
data from a computer system after being on notice of investigation and resulting lawsuit. (CLICK HERE)
of Magistrate Judge Michael Watanabe, USDC Colorado in Smith et al. v. Slifer, et al. granting Plaintiff's
Motion for Sanctions for Destruction of Evidence where a party to the action used wiping software to remove
data from a computer system after being on notice of investigation and resulting lawsuit. (CLICK HERE)
Local rules, forms and guidelines adopted by USDC Courts (CLICK HERE)
January 7, 2008 Order from USDC, SD of California, Qualcomm v. Broadcom where Qualcomm is
ordered to pay defendant $8,568,633.24 in monetary sanctions, and 6 attorneys for Qualcomm are
referred to the California Bar Association due to a "monumental discovery violation" where Qualcomm
attorneys "...chose not to look in the correct locations for the correct documents, to accept the
unsubstantiated assurances of an important client (and)..to ignore the warning signs that the document
search and production were inadequate.” (Note: documents were actually emails). (CLICK HERE)
ordered to pay defendant $8,568,633.24 in monetary sanctions, and 6 attorneys for Qualcomm are
referred to the California Bar Association due to a "monumental discovery violation" where Qualcomm
attorneys "...chose not to look in the correct locations for the correct documents, to accept the
unsubstantiated assurances of an important client (and)..to ignore the warning signs that the document
search and production were inadequate.” (Note: documents were actually emails). (CLICK HERE)
August 21, 2007 Order from USDC, Middle District of Florida, In re: Seroquel granting plaintiffs' Motion
for Sanctions against Defendants for failure to produce electronic data "in a usable format". Problems
included lack of page breaks, bates labels, load files and parent / attachment relationships. Court found
defense "purposely sluggish" with regard to attempts to provide evidence "in a usable format". "It is not
appropriate to seek an advantage in the litigation by failing to cooperate in the identification of basic
evidence". (CLICK HERE)
for Sanctions against Defendants for failure to produce electronic data "in a usable format". Problems
included lack of page breaks, bates labels, load files and parent / attachment relationships. Court found
defense "purposely sluggish" with regard to attempts to provide evidence "in a usable format". "It is not
appropriate to seek an advantage in the litigation by failing to cooperate in the identification of basic
evidence". (CLICK HERE)
May 29, 2008 Order from USDC, Maryland, Victor Stanley Inc. v. Creative Pipe, Inc., et al. ruling that
attorney / client privilege has been waived in case where defense counsel relied upon a vendor to
conduct word searches to locate privileged documents, and also only looked at titles of non-text
searchable documents to determine privilege. Magistrate ruled that 165 documents, including emails
between defense counsel and their client, may be used by plaintiff's counsel as evidence. Complete
waiver of attorney / client privilege in this case was not requested by plaintiff's counsel. (CLICK HERE)
attorney / client privilege has been waived in case where defense counsel relied upon a vendor to
conduct word searches to locate privileged documents, and also only looked at titles of non-text
searchable documents to determine privilege. Magistrate ruled that 165 documents, including emails
between defense counsel and their client, may be used by plaintiff's counsel as evidence. Complete
waiver of attorney / client privilege in this case was not requested by plaintiff's counsel. (CLICK HERE)
Five published opinions from Zubulake v. UBS Warburg, et al. regarding electronic discovery issues
(CLICK HERE) - then click on Bookmark tab on left pane for index to the opinions.
(CLICK HERE) - then click on Bookmark tab on left pane for index to the opinions.