A recent district court decision, Convertino v. US Dep’t of Justice (PDF), No. 04-cv-0236(RCL) (D.D.C. Dec. 10, 2009), serves as a reminder of the importance of a basic tool for managing employee privacy rights – a clear policy regarding employees’ personal use of employer computer systems.
Posted by Mike Lackey at 12:50 PM - Categories: Privacy | Privilege | Case Law
Happy New Year!
While most years I am content to write New Year’s resolutions for
myself, this year I have decided to write New Year’s resolutions for
various constituents in the e-discovery community. Here are my top
three New Year’s hopes for clients, vendors, counsel, and the courts.
Posted by Maura R. Grossman at 12:22 PM - Categories: TREC Legal Track | The Courts | Case Law | Service Providers
A high percentage of recent e-discovery decisions turn on the failure of the parties to discuss and address issues early on in litigation. Whether the dispute involves the appropriateness of keyword searching, form of production, or the scope of discovery, judges are responding with a largely uniform theme: do not bring me disputes that could have (and should have) been addressed by meaningful discussions that the rules envision (and require) the parties to have.
Posted by Gil Keteltas at 11:44 AM - Categories: Proportionality | Case Law
Americans love to litigate. We sue each other over every big and little perceived harm, from the collapse of the nation’s largest financial institutions to the dry-cleaner that lost the judge’s pants. It is our right and we love to exercise it – and all that comes with it, including onerous discovery obligations.
Posted by Jeane Thomas at 11:54 AM - Categories: Compliance | The Courts | Case Law
It’s no secret that the e-Discovery process can be quite complex. There are a lot of moving parts. There can be many data sources of all types, from backup tapes to email servers to legacy systems. There can be multiple custodians, some current employees and some of which can be departed employees. There can be multiple outside counsel reviewing for relevance and privilege. There can be various data privacy issues, especially in cross-border litigation.
Posted by Juilan Ackert at 11:22 AM - Categories: Project Management | Case Law
In a decision that highlights the uncertain terrain faced by US litigants involved in overseas discovery, the United States Bankruptcy Court for the District of Delaware held on October 28 that the Federal Rules of Civil Procedure trump a French “Blocking Statute” that restricts discovery. The Blocking Statute, French Penal Code Law No. 80-538, imposes criminal penalties on any French national or corporation that engages in discovery under a foreign judicial system without using the procedures of the Hague Evidence Convention—letters rogatory or letters of commission. In In re Global Power Equipment Group, Inc., No. 06-11045, 2009 WL 3464212 (Bankr. D. Del. Oct. 28, 2009), the court ordered a claimant in the Global Power bankruptcy proceeding, Maasvlakte Energie B.V., to produce documents and personnel for depositions from its French affiliate. It ordered production even though Maasvlakte had claimed, belatedly, that this discovery would violate the French Blocking Statute and expose its affiliate to prosecution in France.
Posted by Mike Lackey at 1:51 PM - Categories: International Concerns | Bankruptcy | Case Law
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