Articles

 

New Challenges for Discovery of Electronically Stored Information: Is Expert Testimony Required?

Everyone is now familiar with the December 2006 amendments to the Federal Rules of Civil Procedure addressing electronically stored information, or “ESI.”  As a result, issues surrounding ESI and discovery have been placed in the spotlight.

War Room Strategy: Preparing Your War Room for Trial

Preparing for trial is preparing for battle. Hence, the term “war room” is used to describe the facilities used by trial teams when preparing for and attending trial. There’s no place like home, so a war room needs to have all the comforts of home. Computers, network access (VPN, Citrix), Internet access, printers, copiers, and presentation equipment are just some of the things needed to set up an off-site war room.

Qualcomm v. Broadcom: Lessons for Counsel and a Road Map to e-Discovery Preparedness

On January 7, 2008, Magistrate Judge Barbara L. Major issued the latest chapter in the Qualcomm v. Broadcom dispute. Qualcomm, Inc. v. Broadcom Corp., No. 05cv1958-B (BLM) (S.D. Cal., Jan. 7, 2008).

E-Discovery Lessons For Litigators Learned from Qualcomm

The recent rulings regarding discovery in the Qualcomm case are unfortunate for those involved, but perhaps could have been avoided if extra measures had been taken. Here are some things to consider as you proceed with discovery.

1. You may be personally accountable for discovery, including e-discovery.
2. Technology ignorance is not a defense.
3. Consider audit procedures to confirm thoroughness of searching for documents.
4. Negotiate agreed upon search terms and media to be searched.
5. Investigate cost allocation/sharing.

E-Discovery of RAM Data: Even Temporary Computer Data is Discoverable

Columbia Pictures Industries, et al, v. Justin Bunnell, et al., No. 06-1093 (C.D. Cal. May 29, 2007)

A recent e-discovery decision broadens the scope of Rule 34(a) of the Federal rules of Civil Procedure to encompass electronic data stored temporarily in a computer’s random access memory.

The Top 5 Presentation Mistakes Litigators Make

Microsoft PowerPoint can be a powerful tool when presenting evidence or other information in a trial setting. As with any technology, practical application makes things “click.” This article includes the top five presentation mistakes litigators make with PowerPoint presentations and how to correct them.

ESI: Finding that Needle in Opposing Counsel’s Haystack

These days the sheer volume of electronically stored information that exists in an average-sized case will often bury counsel in more documents than ever. This can actually be a good thing. In many cases, the best and easiest way to find a needle in a haystack is to efficiently search the entire haystack.

The Right Search Engine: The Road to Efficient Cross-Searching

Westlaw and Lexis aren’t always the right search tools for all stages of legal research. If you don’t know how a certain party spells its name, for example, it’s going to take a lot longer using a legal search engine than it would by using Google or Yahoo.

E-Discovery Since the Amended Federal Rules: The Immediate Impact on Records Management

As December 2006 amendments take hold, the practice of law will forever change and your plea of “not knowing much about technology” won’t immunize you and your client against embarrassment and/or the threat of discovery sanctions. Welcome to the New World Order!

Tips for Choosing an Electronic Case Management System

In answer to the growing demand for E-filing, and to address the limitations of serving legal documents by email attachment, a number of companies have developed electronic case management systems. How can you determine which system is right for you? Get tips on which features you should be looking for.

Technology at Airports

Do you travel frequently and have a need to stay in communication? This guide to Internet access provides a handy overview of business center and wireless access available at high-traffic airports. Be sure to save this indispensable resource before your next business trip.

Differences between Lotus Notes and Outlook

For those who may be considering both applications, this chart of different features is helpful in making a final decision. Please note that this list is not exhaustive and compares the versions listed. If you would like to add comments to this list, please email Kim Jessum for inclusion on this site.

A Survey of Communication Technology for the Digitally Challenged Litigator

If you are a litigator, your schedule is often grueling, and you are frequently out of the office. You need to communicate with clients and with other members of your litigation team, and (sad to say) you and your team don’t always keep bankers’ hours. Often, when you receive a letter, fax, or voice mail, you need to act quickly, whether it’s 11:00 a.m. or 11:00 p.m.

“Technology” Archive by Daniel J. Siegel

Reprinted from The Philadelphia Lawyer

• » Lighting the Internet on Fire
  Spring 2006
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  Winter 2006
• » What Is the Difference Between?
  Spring 2005
• » The Benefits of E-Filing
  Spring 2004