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ETHICS, PROFESSIONALIM AND ELECTRONIC DISCOVERY Introduction. As previous chapters of this book have shown, “technology has irrevocably changed and continues to alter the practice of law in fundamental ways.”[i] As technology evolves, lawyers are confronted with new challenges pertaining to the preservation of data, the proper maintenance of privileged and confidential material and the sometimes daunting learning curve that accompanies…
THE ADMISSIBILITY OF ELECTRONICALLY STORED INFORMATION UNDER THE FEDERAL RULES OF EVIDENCE Timothy D. Edwards Edwards Law Group LLC In the past twelve years, the legal community has generated hundreds of articles and judicial decisions regarding the discovery of electronically stored information (“ESI”). Only recently, there has been an increased focus on the admissibility of the ESI, which can pose…
PLANNING FOR ELECTRONIC DISCOVERY IN THE DIGITAL AGE Timothy Edwards, Esq. Introduction. Almost ten years ago, litigation attorneys sounded the alarm by predicting that litigation involving the disclosure of electronically stored information would engulf the discovery process, especially in complex cases. Many Plaintiffs’ attorneys view electronic discovery as an opportunity to leverage settlement, and the lawsuit itself, by…
Aug. 2007 – Addiction and Attorneys
Here are the basics of the FMLA: Overview of The Family and Medical Leave Act (“FMLA”) The Family and Medical Leave Act (“FMLA”) provides certain employees with up to 12 workweeks of unpaid, job-protected leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. The FMLA…
It is very important to initiate a “litigation hold” when you have reason to believe that your client might be sued. This is the first line of defense to spoliation claims. A sample litigation hold directive is provided below: PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION NOTICE – The information in this correspondence, including all attachments thereto, is considered ATTORNEY-CLIENT PRIVILEGED AND…