eDiscovery Advantage, Volume 2, Issue 4 - 21/11/2012 *

USA - November 21 2012
Since the last edition of eDiscovery Advantage, predictive coding has again been the focus of judicial decisions, the International Trade Commission and the Federal Trade Commission have worked on streamlining eDiscovery through amendments to their internal rules, and New Jersey has passed legislation limiting an employer’s ability to gain access to employees’ social media accounts.

Co-authors: Joseph Siders, Matthew Saxon, Renee T. Wilkerson, Nicole Soukup, Benjamin Kimberley.

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Other sanctions *

USA - April 26 2012
In Interpreter Services Inc. v. BTB Technologies Inc., 2011 WL 6935343 (D.S.D. Dec. 29, 2011), the court imposed sanctions against the plaintiff’s attorneys pursuant to Federal Rule of Civil Procedure 26(g) and the court’s inherent authority.

Co-authors: Charles Patel, Mark Smith, Anna Lamut, Conrad Jacoby.

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Stored Communications Act and Electronic Computer Privacy Act *

USA - April 26 2012
Federal courts continue to grapple with balancing personal privacy interests with law enforcement needs, as well as the needs of private parties in litigating property rights.

Co-authors: Charles Patel, Mark Smith, Anna Lamut, Conrad Jacoby.

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Eastern District of Texas adopts Model eDiscovery Order *

USA - April 26 2012
On February 27, 2012, the Eastern District of Texas amended its local rules to include a Model Order that seeks to streamline the preservation and production of ESI in patent cases.

Co-authors: Charles Patel, Mark Smith, Anna Lamut, Conrad Jacoby.

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D.C. Court of Appeals Committee issues guidance on the use of discovery service companies *

USA - April 26 2012
On January 12, 2012, the District of Columbia Court of Appeals Committee on Unauthorized Practice of Law issued a significant opinion regarding the use of “discovery service companies” to provide outsourced document review and other tasks.

Co-authors: Charles Patel, Mark Smith, Anna Lamut, Conrad Jacoby.

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