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Discovery Resources
Electronic Discovery (E-Discovery) Resources, News & Information

Qualcomm v Broadcom appealed; Exceptional case
The circuit court underscored Qualcomm's litigation (ediscovery) misconduct impacting its perception of the standards body misconduct: In our view, the litigation misconduct findings were sufficient standing alone to support the exceptional case determination here, and in the circumstances of the present case it was not error for the district court to additionally consider the related continue…
Tom Mighell, among others, honored by ABA Journal
Tom Mighell, author of Inter Alia, is one of the finalists for the ABA Journal Blawg 100 Technology category. Knowing Tom (my colleague at Fios), he will probably vote for his co-author, Dennis Kennedy (The Lawyer?s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together), also on the ballot. Hot competition with Kevin O, continue…
Law Firm Challenges Rules Restricting Online Promotion
A law firm in Louisiana is challenging new advertising rules that appear to hinder lawyers' ability to maintain blogs or otherwise harness online media. Read more
Psystar case reveals Apple?s shaky e-mail retention policy
Apple has sold enterprise-class storage hardware and sotware for years, but the company has yet to embrace systematic e-mail and document retention policies that are common among publicly traded companies. Read more
Preserving and Harvesting Non-Traditional ESI
by Conrad Jacoby As has been made explicitly clear in the Federal Rules of Civil Procedure, relevant information is potentially discoverable, regardless of where and how it has been stored. As a consequence, traditional definitions of ?document? no longer match real life, since relevant information may be as likely to be stored in a database continue…
Intel Exec Thanked Ballmer for Vista Capable Help
Microsoft is being sued for deceptive marketing practices in U.S. District Court in Seattle over claims that the changes were made to help Intel sell off millions of existing chipsets. Read this story from RedmondMag.com indicating that court documents may contain a "smoking gun" reference to Microsoft CEO Steve Ballmer's participation.
Digicel - the Zubulake of England and Wales

The days of limited ediscovery (edisclosure) in England are over. Digicel will have an effect similar to Zubulake in the States, spurring a new level of adoption of edisclosure in England and Wales.

For those of us stateside, disclosure and discovery are not synonyms. Parties disclose rather than receiving a request for production (discovery).

At the ABA continue…

Reviewing and Producing Digital Voice Files
By now every lawyer and litigation support professional should know that all forms of electronic information are discoverable. However, relatively few professionals have had experience handling large volumes of digital voice recordings ? possibly because counsel are not aware of options for processing such data, and possibly because of misperceptions about the costs or technical continue…
Reviewing and Producing Digital Voice Files
This article by Joe Howie from the ALSP Update provides an overview of processing voice files and describes how technology from Nexidia and its e-discovery partners, like Fios, can be used to review and produce such files. Read the full article here.
Webcast: State vs. Federal e-Discovery Rules ? Lessons Learned in 2008
Nineteen states have incorporated e-discovery provisions into civil procedure codes or have modified rules for business courts. At least five other states have new provisions pending in 2009. Tom Allman and Mary Mack provide a review of what states are doing about procedural rules for e-discovery. More info

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