Sound Evidence


An e-discovery blog featuring posts on trends, news, links, case law, white papers, commentary and analysis in the fast-changing world of electronic evidence.

Author: Mary Mack is a technology lawyer and counsel to the electronic discovery company Fios. She also is coauthor of A Process of Illumination: The Practical Guide to Electronic Discovery.

Blawg Related Categories: Law Practice Management • Legal Technology • Trials & Litigation • Evidence • Consultant • In-house Lawyer

Recent Posts from Sound Evidence


  • AZ Supreme Court says metadata a public record

    Records managers will be taking a new look at “Create dates” after the Arizona Supreme Court mandated production of metadata in public records. The case involved a demoted police officer who wanted access to the…

  • CA New rules-Inaccessible Protective Order gone

    Contrary to popular belief, the new California rules for ediscovery do not mandate a protective order when dealing with not reasonably accessible data.  The rules are similar to the Federal Rules of Civil Procedure in…

  • FRCP moves from business days to calendar days

    The Federal Rules of Civil Procedure are changing December 1, 2009.  Heads up to ediscovery teams to readjust calendars.  The changes give extra time and take time away. The most significant changes are to Rule…

  • Bear Stearns evidence: Lost computers, erased gmail

    by Mary Mack, Corporate Technology Counsel, Fios Ashby Jones over at the WSJ law blog reports on the bellwether criminal trial in the financial meltdown. Along with other evidentiary motions, the judge, Frederic Block, was…

  • Privilege, confidentiality and [fact] pleading in Congress

    by Mary Mack, Corporate Technology Counsel, Fios There are an amazing number of bills pending in Congress that would have implications litigation budgets and for ediscovery.  Some address motions to dismiss and fact pleading.  Others…

  • Geeks behaving badly: USENET spoliation

    Geekdom gets its Zubulake in the Arista Records copyright fight with USENET. Zubulake was the wake up call to the general bar because for the first time, very public consequences attached to not preserving or…

  • FAS 5 and Litigation Disclosure

    While dodging bullets on settlement negotiations, privileged information on potential recoveries and nondisclosed insurance coverages, the Corporate Bar will be dealing with disclosures on timing of legal recoveries, possibly including “nonprivileged quantitative information” about a…

  • Environmental and contract lawyers get their Zubulake

    I thought I’d share with you my most recent article published in this month’s monthly newsletter from Fios, The Electronic Discovery Counselor. As Qualcomm was the electronic discovery watershed for patent attorneys, so too will Praxair…

  • Ethics of (Not) De-duping (from LinkedIn’s e-Legal)

    Once again, Anne Kershaw and team (here, Joe Howie) have done a wonderful job documenting for potential judicial review, practices that have become standard. With the current climate spotlighting potential cost reductions, this is certainly…

  • Supreme Court Uses Terrorist Case to Mandate Fact Pleading

    Ashcroft v. Iqbal, 556 U.S. ____ (2009) was a case in which the United States Supreme Court held that top government officials were not liable for the actions of their subordinates absent evidence that they…