Electronic discovery costs: loser pays (for what?) *

USA - June 20 2011
To what extent might it be possible to recoup costs associated with electronic discovery as part of a trial judgment?

Co-authors: Lorraine M. Casto, Tara S. Lawler, Scott A. Milner, Stephanie A. “Tess” Blair, Denise E. Backhouse.

---

Court compels production of personal emails from company systems citing lack of reasonable privacy expectation *

USA - June 9 2011
On May 23, in SEC v. Reserve Management Co. Inc.,1 the U.S. District Court for the Southern District of New York ruled that an employee does not have a reasonable expectation of privacy with respect to communications with a spouse through an employer’s email system.

Co-authors: Lorraine M. Casto, Tara S. Lawler, Scott A. Milner, Stephanie A. “Tess” Blair, Denise E. Backhouse.

---

Chief judge imposes privilege waiver sanctions against defendant for repeated discovery misconduct in DL v. District of Columbia *

USA - May 20 2011
Chief Judge Royce C Lamberth of the U.S. District Court for the District of Columbia sent a clear message to litigants last week: repeated discovery violations will not be tolerated and may subject the violator to harsh sanctions, including waiver of privilege.

Co-authors: Lorraine M. Casto, Tara S. Lawler, Scott A. Milner, Stephanie A. “Tess” Blair, Denise E. Backhouse.

---

Three strikes and you’re out: Tenth Circuit dismisses case as a sanction for discovery noncompliance in Lee v. Max International *

USA - May 10 2011
Discovery, in this age of cheap data storage and voluminous communication, can be a daunting and expensive prospect.

Co-authors: Lorraine M. Casto, Tara S. Lawler, Scott A. Milner, Stephanie A. “Tess” Blair, Denise E. Backhouse.

---

Delaware Court of Chancery issues guidelines for preservation of electronically stored information *

USA - February 14 2011
On January 18, the Delaware Court of Chancery joined a growing number of jurisdictions in issuing guidelines concerning discovery of electronically stored information (ESI).

Co-authors: Lorraine M. Casto, Tara S. Lawler, Scott A. Milner, Stephanie A. “Tess” Blair, Denise E. Backhouse.

---