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E-Discovery Center

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"Recent developments related to electronic discovery."

Author: Cecil Lynn is of counsel at Ryley Carlock & Applewhite in Phoenix.

Blawg Related Categories: Civil Procedure • Trials & Litigation • Evidence

Recent Posts from E-Discovery Center

Ariz. Supreme Court Holds Definition Of Electronic Public Records Includes Metadata
In Lake v. City of Phoenix, et. al., 2009 Ariz. LEXIS 257 (S. Ct. Ariz. Oct. 29, 2009), the Arizona Supreme Court vacated the a court of appeals ruling and held that if a public…
Destruction Of Backup Tapes During Litigation Not Spoliation Of Evidence
In MRT, Inc., et. al. v. Vounckx, et. al., 2009 Tex. App. LEXIS (Ct. App. Tex. Dallas Oct. 30, 2009), Judge Joseph B. Morris writing for the majority upheld the trial court's ruling and rejected…
Court Rejects Expert Opinion Of Spoliation Absent "Non Speculative" Supporting Evidence
In In re Washington Mutual, Inc. Securities Litigation, 2009 U.S. Dist. LEXIS 99727 (W.D. Wash. Oct. 27, 2009), U.S. District Court Judge Marsha J. Pechman barred portions of plaintiffs' expert opinions on spoliation of electronically…
Criminal Defendant's Lawyer On Hook For Cost Of Subpoenaed ESI
In United States v. Afremov, et. al., 2008 U.S. Dist. LEXIS 110102, Aug. 14, 2008, U.S. Magistrate Judge Susan Nelson granted movant Computer Forensic Services' motion to quash subpoenas and ordered defendant to pay more…
Adverse Inference Instruction Denied Absent Evidence Of ESI Relevance
In Scalera v. Electrograph Systems, Inc., et. al., 2009 U.S. Dist. LEXIS 91572 (E.D.N.Y. Sept. 29, 2009) U.S. Magistrate Judge A. Kathleen Tomlinson denied plaintiff's request for sanctions holding that while defendant negligently failed to…
Court Orders Defendant To Pay Attorney Review Cost As Sanction
In Transcap Assoc., Inc. v. Euler Hermes American Credit Indemnity Co., et. al., 2009 U.S. Dist. LEXIS 94264 (N.D. Ill. Oct. 9, 2009), U.S. Magistrate Judge Michael T. Mason granted, in part, plaintiff's motion to…
Arkansas Supreme Court Adopts E-Discovery Rulemaking
On September 24, 2009, the Supreme Court of Arkansas amended the Arkansas Rules of Civil Procedure by adding Rule 26.1 to address electronic discovery. The Rule is similar to the e-discovery amendments to the Federal…
Court Upholds Privilege, But Orders Redacted Production Subject To FRE 502
In The Pension Committee of the University of Montreal Pension Plan, et. al. v. Banc of America Securities, LLC, et. al., 2009 WL 2921302 (S.D.N.Y. Sept. 8, 2009), U.S. District Court Judge Shira A. Scheindlin…
Court Overrules Blanket Burden Objection To ESI Production
In United States v. Board of County Commissioners of the County of Dona Ana, New Mexico, 2009 U.S. Dist. LEXIS 65540 (D.N.M. July 27, 2009), U.S. District Court Judge James O. Browning overruled the defendant's…