e-Diligent Inc. - Articles -

California Civil Discovery Act Ammendments

no@spam.com (eDiligent Inc.) — Tue, 13 May 2008 18:30:00 MDT

The Judicial Council of California approved proposed legislation amending civil discovery law and procedures for handling the discovery of ESI in California and is expected to become effective January 1, 2009.

FRCP Electronic Discovery Amendments

no@spam.com (eDiligent Inc.) — Thu, 07 Feb 2008 18:00:00 MST

Federal Rules of Civil Procedure Amendments - Effective December 1, 2006

State Electronic Discovery Rules

no@spam.com (eDiligent Inc.) — Thu, 07 Feb 2008 16:30:00 MST

16 States have modified rules addressing the discovery of electronically-stored-information.
7 other states have proposals on the table.

Electronic Discovery Vendors Defined

no@spam.com (eDiligent Inc.) — Sat, 19 Jan 2008 10:47:14 MST

Keep in mind, the practice of discovery remains virtually unchanged, the media has grown significantly complex, expanding the scope of the term Complex litigation.

Sedona Publications

no@spam.com (eDiligent Inc.) — Mon, 24 Sep 2007 13:30:00 MDT

The Sedona Conference^® exists to allow leading jurists, lawyers, experts, academics and others, at the cutting edge of issues in the area of antitrust law, complex litigation, and intellectual property rights, to come together - in conferences and mini-think tanks (Working Groups) - and engage in true dialogue, not debate, all in an effort to move the law forward in a reasoned and just way.

Publications are available for download and personal use.

E-Discovery Publications - Partial List

Commentary on Legal Holds
Commentary on ESI Evidence & Admissibility
Guidelines for Managing Information and Records in the Electronic Age
The Sedona Principles Addressing Electronic Document Production
Glossary For E-Discovery and Digital Information Management
Best Practices for the Selection of Electronic Discovery Vendors

The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines

no@spam.com (eDiligent Inc.) — Mon, 24 Sep 2007 01:00:00 MDT

This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field.

Case Analysis

no@spam.com (eDiligent Inc.) — Thu, 06 Sep 2007 14:00:00 MDT

CaseMap - case analysis application offering a central repository for key facts, documents, parties, legal issues and case law, organizing the major components of litigation cases more quickly and effectively.

Additional Products

TimeMap - visual timelines for case analysis.
TextMap - electronic transcript management creating a searchable database of electronic transcripts.
NoteMap - easily create outlines and notes.

Electronic Discovery Guidelines

no@spam.com (eDiligent Inc.) — Thu, 23 Aug 2007 21:00:00 MDT

Conference of Chief Justices

Guidelines For State Trial Courts Regarding Discovery of Electronically-Stored Information (ESI)
The Conference of Chief Justices published (Aug. 2006) these guidelines to help reduce uncertainty in state court litigation by assisting trial judges faced by a dispute over e-discovery in identifying the issues and determining the decision-making factors to be applied.

US District Court of Maryland

ESI Admissibility - Lorraine et al. v. Markel American Insurance Company
United States Magistrate Judge Paul W. Grimm's (101 pg.) decision in Lorraine v. Markel American Insurance Company, 2007 WL 1300739 (DMd May 4, 2007) offers an important aspect of the admissibility of electronic-evidence. The court denied both party's submission of email into evidence for failing to meet any standards for admission under the Federal Rules of Evidence. The emails were simply attached to their respective motions as exhibits.

Suggested Protocol for Discovery of Electronically Stored Information (ESI)
In response to the FRCP e-discovery amendments and discovery of electronically stored information (“ESI”), a joint bar-court committee consisting of: Magistrate Judge Paul W. Grimm, members of the Maryland Bar, and technical consultants, developed a proposed ESI protocol. A working-model, these protocols offer guidance when confronted with e-discovery. The joint committee plans to review the Proposed Protocol periodically, determining if revisions are required and after an appropriate evaluation period, decide on recommendations to the Court formalizing guidelines or local rules relating to ESI.

Any comments and suggestions may be e-mailed to: mdd_voyager@mdd.uscourts.gov

Uniform Law Commissioners

Uniform Rules Relating To Discovery of Electronically Stored Information
The Uniform Law Commissioners model rules of e-discovery for use by state courts. The Uniform Rules provide procedures for parties in a civil case to jointly follow relating to a number of issues, including the preservation of the electronic information; the form in which the information will be produced; and the period of time in which the information must be produced.

Securities and Exchange Commission

SEC Enforcement Manual (Red Book)
The Enforcement Manual contains general policies and procedures providing guidance to the SEC’s Division of Enforcement. Several areas of the manual address ESI including electronic production of documents to the SEC and Complying with FRCP 26(a) requirements and preserving evidence in anticipation of litigation.

e-Hold - - Legal hold Communication Management

no@spam.com (eDiligent Inc.) — Fri, 10 Aug 2007 12:16:43 MDT

e-Hold ensures direct and concise communication of legal hold notifications to all key players involved in a litigation or government investigation. Notifications target individual custodians and accountable parties, eliminating unreliable communication methods and miscommunication.

What is the scope of discovery?

no@spam.com (eDiligent Inc.) — Fri, 04 May 2007 00:00:00 MDT

Regardless of its purpose, communication, work-product, drafts, official or unoffical documents, if information (paper or electronic) exists, and is relevant to the legal action at hand, its discoverable.