eDiscovery Advantage - Winston & Strawn

Mar 5, 2013 - amendment to require counsel to “confer on e-discovery issues prior to the preliminary conference whenever a case is 'reasonably likel...

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Mar 5, 2013 - Since the last edition of eDiscovery Advantage, three states have either adopted or proposed new rules on electronic discovery, the Western District of Washington adopted new eDiscovery Rules and a model agreement governing the discover

Sep 16, 2013 - and others addressing the same topic, courts continue to struggle with the question of what conduct and level of fault is sufficient to warrant the imposition of an adverse inference instruction. A number of decisions have addressed wh

Sep 19, 2012 - of lesser sanctions. Jude Lasnik found that the first four factors militated in favor of dispositive sanctions. With respect to the fifth factor, Judge Lasnik analyzed whether less drastic sanctions would “allow plaintiffs to adequat

Sep 19, 2012 - also contemplates cost shifting of some or all of the expenses incurred by the responding party. Florida Rule 1.280(d)(2) provides that. “the court must limit the ..... In contrast, after the plaintiff filed its complaint, the defend

and advising clients on how best to avoid the myriad. eDiscovery pitfalls. Winston & Strawn will publish. eDiscovery .... 10, 2010), the court ignored. Pension Committee and instead applied the culpability factors from .... Inc., and from Media Templ

associated with eDiscovery and ever-changing modes of communication and data transmission. Sincerely, ... federal E-rate program on the basis that. FOIA Exemption 7(C) protects from disclosure such “records or ... Thus, for purposes of FOIA, corpor

The Federal Rules Advisory Committee approved amendments to the Federal. Rules of Civil Procedure, including a revised version of Rule 37(e) which limits the ability of courts to impose death penalty sanctions and adverse inferences to cases where th

Sep 16, 2013 - law judges have the ability “to determine how cost shifting should be implemented, if at all, based on the specific facts of a particular discovery dispute.” A copy of the Federal Register notice discussing the changes made after t

Since the last edition of eDiscovery Advantage, there have been a number of developments in the e-Discovery, .... to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule ...... “all time sheets a

Mar 5, 2013 - Since the last edition of eDiscovery Advantage, three states have either adopted or proposed new rules on electronic discovery, the Western District of Washington adopted new eDiscovery Rules and a model agreement governing the discover

Feb 6, 2014 - “not take umbrage” with the language or the scope of the hold at ..... courts in the Fifth Circuit must not impose severe sanctions ..... sand and refusing to look for answers and then saying it does not know the answer.” He also

that a failure to adopt good preservation practices is categorically sanctionable, the better approach is to consider such conduct one factor in the analysis. The ultimate determination of whether sanctions are appropriate should focus on whether som

Feb 6, 2014 - upcoming e-Discovery developments. eDiscovery Advantage. INTRODUCTION. Winter 2014. Volume ..... were; or (3) to attempt to determine whether the deleted files were in fact only related to the client's .... reasonably anticipate bladder

stock exchange rules. The defendants moved to dismiss, noting that SPG had received an e-mail confirmation from the New York Stock Exchange (“NYSE”) staff that shareholder approval of the amendment was not required under NYSE rules. The court hel

Gordon A. Coffee. (202) 282-5741 [email protected] State of California (In re Lockyer) v. British Columbia Power Exchange. Corp. et al. Secured a decision dismissing a $190 million claim against client Allegheny. Energy Supply Company, LLC. A FERC

OFFICe: (866) 558-4465 EXT. 204 ... sent, assuming the duties of chief judge, does American Calcar II break navigation system that was allegedly withheld by the lead inventor ..... Judge Prost and Judge Wallach appear to be operating at the fringes o

Nov 6, 2013 - potential vapor migration or “encroachment” impacts. We also discuss EPA's proposed amendments to the all appropriate ... The definition of “migration” has also been revised to include the movement of .... of data or even any ev

“the purchase or sale of any other security in the. [United States]”20—has resulted in three potentially inconsistent approaches. The first approach considers whether either the offer or acceptance of the off-exchange transaction occurred withi

Exchange Act.] SECTION 308 OF SOX. Under section 308 of the Sarbanes-Ox- ley Act (SOX), the SEC has the power to add disgorged funds to a disgorgement.

Nov 27, 2013 - Regulatory Enforcement. • FCA imposes worldwide freezing order on suspected boiler room, First Capital Wealth Limited – On 15 November 2013, a suspected boiler room (an outbound call centre selling questionable investments by telep

information technology and business process outsourcing, global ... my entire career. It was extremely complicated, involving simultaneous negotiations over several months with multiple vendors. Then I learned. I was pregnant! I was hesitant about ..

But it is when Webb is on the brink of trial or in the midst of the ... home, “winning way” with juries and judges that sets him apart from other ..... home. She sat down and cried. It wasn't really good living conditions.” Lonely in a strange

24, NO. 4. WINTER 2011. ERISA's Outer Limits—The Admissibility of Extrinsic Evidence in Denied Claims for Plan Benefits. James P. Baker. Cue music. Scene: Federal district court, Anywhere, USA. A young lawyer, Steve Jones, .... Congress intended co

to the .XXX TLD for hosting adult entertainment websites.” Plaintiffs' efforts were stymied by their own complaint when they alleged that Manwin's own YouPorn.com was the most popular free adult video website on the Internet. Thus, since the releva