e-Diligent Inc. - News

California Electronic Discovery Takes the Next Step

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

The Judicial Council of California approved proposed legislation amending civil discovery law and procedures for handling the discovery of electronically-stored-information in California. California’s Code of Civil Procedure does not currently address ESI. The proposed legislation is designed to incorporate new e-discovery provisions into the framework of the state’s civil discovery law and is expected to become effective January 1, 2009.

States Adopting E-Discovery Rules - 16 and Counting

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

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

Enacted States	Proposal States
Arizona	Alaska
Arkansas	California
Connecticut	Iowa
Idaho	Maryland
Illinois	Nebraska
Indiana	Ohio
Louisiana	Virgina
Minnesota
Mississippi
Montana
New Hampshire
New Jersey
New York
North Carolina
Texas
Utah

California Proposed E-Discovery Amendments

no@spam.com (eDiligent Inc.) — Mon, 21 Jan 2008 00:00:00 MST

The Judicial Council of California is again proposing amending California’s Civil Discovery Act and the California Rules of Court, incorporating Electronic Discovery into the management of civil cases.
This proposal parallels a similar proposal in 2006, which included new provisions relating to electronic discovery. However, the committee defered the proposed rule changes, concluding any such changes should be part of a more comprehensive approach to electronic discovery.
The current proposal would amend:
Civil Discovery Act - adding new provisions and two sections, addressing electronic discovery.
California Rules of Court - two case management rules (rules 3.724 and 3.728) would be amended encouraging:

Parties identify and discuss issues relating to electronic discovery early in the course of litigation.
Courts address electronic discovery issues in case management orders.

Proposal

$125,000 Sanctions for failing to produce potential evidence

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

By John Horn, Los Angeles Times Staff Writer September 21, 2007.
The LA Times reports a judge ordered New Line Cinema to pay $125,000 and hire an outside document retrieval service after evidence isn't produced.

An irritated U.S. Magistrate Judge found New Line may have destroyed documents - failing to suspend automatic destruction of ESI and conducted haphazard searches for documents and e-mails - with no degree of certainty of how and by whom the searches were conducted.

Minnesota Amends Rules for e-Discovery

no@spam.com (eDiligent Inc.) — Fri, 24 Aug 2007 00:00:00 MDT

Minnesota amended its Rules of Civil Procedure, becoming effective on July 1, 2007. Significant among the amendments, procedures for discovery of electronically stored information. The amended discovery rules for ESI, parallel the Federal Rules of Civil Procedure amendments which became effective, December 1, 2006.

Uniform Law Commissioners Adopt E-Discovery Rules for State Courts

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

The Uniform Law Commission issued a press release announcing adoption of its proposed e-discovery rules, with final approval given at the 116th Annual Meeting in Pasadena, California, on August 2, 2007. The ULC hopes all states will adopt these rules establishing a standard similar to the Federal Court Rules of Civil Procedure.

DIY - GhostSurfer Wipe Out Leads to Jail Order Sanction in Bankruptcy Court

no@spam.com (eDiligent Inc.) — Mon, 09 Jul 2007 00:00:00 MDT

A debtor in a bankruptcy was recently caught destroying evidence using a popular software program called GhostSurf. United States v. Krause (In re Krause), 2007 WL 1597937, 2007 Bankr. LEXIS 1937 (Bankr. D. Kan. June 4, 2007).
The debtor was an attorney representing himself. The case proves the old adage that “a lawyer who represents himself has a fool for a client.” The lawyer used GhostSurf to try to wipe all incriminating evidence from his computers before producing them to the government. His GhostSurf wipe-out failed, and he was ordered to jail as a result.
from: e-Discovery Team

The Sedona Principles, 2nd Edition, Now Posted On The Sedona Conference Web Site

no@spam.com (eDiligent Inc.) — Fri, 06 Jul 2007 00:00:00 MDT

"The Sedona Principles, Second Edition" is now finished and posted for public download on The Sedona Conference web site. Just go to www.thesedonaconference.org, and look for the "Recent Publications" box on the right-hand side. The new edition of The Sedona Principles is at the top. Volunteers and staff have also finished assembling nearly 1,000 case law and scholarship annotations for The Sedona Principles, Second Edition, Annotated, which should be available from BNA in paperback towards the end of August or beginning of September.

AIIM - Compliance 2007

no@spam.com (eDiligent Inc.) — Fri, 18 May 2007 00:00:00 MDT

Compliance 2007: Lessons from the Trenches

Presented by AIIM - The Enterprise Content Management Association

Confused by Compliance? What is Compliance and how does it apply to you? Not sure where to start?

When:

Wednesday June 6th, 2007
4:30 to 7:30pm

Location:

Marriott Courtyard
8651 Spectrum Center Blvd
San Diego, CA 92123

VIEW THE FLYER FOR FULL DETAILS!

Panelists include:
Neil Packard , President, e-Diligent Inc.
William Didier, Chief of Medical Records Services and Privacy Officer, San Diego, Sheriffs Department
Alan Turner, VP, ZANTAZ, Inc.

Updated List: Local Rules of United States District Courts Addressing E-Discovery Issues

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

At least 28 United States District Courts have enacted special rules addressing electronic discovery. Here is an updated and current collection of United States District Court local rules, standards, guidelines and forms that specifically address e-discovery issues.
Posted on May 1, 2007 by K&L Gates