Electronic Discovery

Spoliation of Electronic Evidence

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,…

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…

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…

The proliferation of electronic data has dramatically changed the landscape of civil litigation.  According to a University of California study, “93% of all information generated from 1999 was generated in digital form, on computers.  Only 7% of information originated in other media, such as paper.”[i]  As a result of these developments, almost all documentary evidence that is relevant to the…