Latest Electronic Discovery Update
Over the past five years, CyberControls has been communicating with hundreds of
thousands of legal professionals about the steady evolution of electronic
discovery in civil litigation matters. Our messages have strived to point out
some of the latest breakthroughs in the practice of computer forensic
examinations, citing case law that pertained to a wide range of e-discovery
rulings and a constant flow of practical tips for requesting and producing
parties. In the past several months, our e-mail alerts have been focused on the
practical implications of the recently adopted amendments to the FRCP Rules.
Our staff of litigation support consultants have produced numerous white papers
on the FRCP Rule changes (please visit our website: www.cybercontrols.net) where these are
posted.
In today's message, we feel compelled to communicate a sense of urgency to our readers when it comes to employing the strategies and tactics available to conduct purposeful e-discovery in nearly all of your business litigation cases. Indeed, the federal courts are in the process of adapting to the many requirements that legal counsel must follow when dealing with electronically stored information (ESI) issues. No longer will the courts tolerate inept attempts to sidestep pressing discovery disputes by claims of ignorance on the part of the client or attorney. Instead, the courts now have a high expectation that legal counsel will understand their obligations to familiarize themselves with their client's computer systems as it relates to all relevant ESI pertaining to the case. This has to be accomplished prior to the pretrial meet-and-confer conference. And, not to leave the state courts out of the spotlight, the "Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information", have recommended very similar requirements for lawyers to follow in dealing with ESI disputes.
The state and federal courts have also addressed a number of contentious situations that often arise as a result of ineffective preservation hold practices. The net result of these changes will now require that legal counsel be directly involved in the issuance of preservation hold directives and remain engaged throughout the duration of the case to insure that all relevant ESI has not been spoliated. To be in compliance with these new requirements, it will require more than a form letter informing your client to do this and that. CyberControls has been providing supplemental support to attorneys to assure compliancy in this area to help avoid spoliation sanctions for years.
When it comes to seeking the court's permission to conduct a computer examination of an adversary's computer system, planning and preparation are essential. In the past, the requesting party waited to evaluate the extent of the producing party's delivery of ESI before reaching the decision that a computer forensic examination might need to be the next step. The new rules and guidelines provide the producing party with the advantage to classify all responsive ESI into two categories; accessible and inaccessible ESI. From the start of litigation, a requesting party will need to be developing an acute awareness of the types of ESI that might fall into each of these two categories. A compelling argument to seek the court's assistance in granting a preservation order to be applied to those specific computers that may need to be forensically examined in the future to circumvent inadvertent spoliation of relevant ESI need to be forged perhaps even before the meet-and-confer session. Once that order has been granted, there is little time to waste in working closely with a computer forensics service provider to draft a protective order and examination protocol to accompany a motion to compel. These are areas of expertise that CyberControls has been providing attorneys with for over five years.
To download a full description of CyberControls' service offerings, please click on http://www.cybercontrols.net/common/downloaddoc.asp?docid=1650&id=326141 .
Our team of computer forensic specialists and pretrial litigation consultants are available for a preliminary discussion to go over the necessary aspects of a case where e-discovery may be an important element. This is the first step taken by the majority of CyberControls' clientele. Making unforced errors by omission in court when it comes to e-discovery has potentially become far more costly than before. We urge you to place a call at 847-756-4890, visit our cyber site at www.cybercontrols.net or write to us at cyberinfo@cybercontrols.net to learn how to contend with your ESI related issues.
http://www.cybercontrols.net
In today's message, we feel compelled to communicate a sense of urgency to our readers when it comes to employing the strategies and tactics available to conduct purposeful e-discovery in nearly all of your business litigation cases. Indeed, the federal courts are in the process of adapting to the many requirements that legal counsel must follow when dealing with electronically stored information (ESI) issues. No longer will the courts tolerate inept attempts to sidestep pressing discovery disputes by claims of ignorance on the part of the client or attorney. Instead, the courts now have a high expectation that legal counsel will understand their obligations to familiarize themselves with their client's computer systems as it relates to all relevant ESI pertaining to the case. This has to be accomplished prior to the pretrial meet-and-confer conference. And, not to leave the state courts out of the spotlight, the "Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information", have recommended very similar requirements for lawyers to follow in dealing with ESI disputes.
The state and federal courts have also addressed a number of contentious situations that often arise as a result of ineffective preservation hold practices. The net result of these changes will now require that legal counsel be directly involved in the issuance of preservation hold directives and remain engaged throughout the duration of the case to insure that all relevant ESI has not been spoliated. To be in compliance with these new requirements, it will require more than a form letter informing your client to do this and that. CyberControls has been providing supplemental support to attorneys to assure compliancy in this area to help avoid spoliation sanctions for years.
When it comes to seeking the court's permission to conduct a computer examination of an adversary's computer system, planning and preparation are essential. In the past, the requesting party waited to evaluate the extent of the producing party's delivery of ESI before reaching the decision that a computer forensic examination might need to be the next step. The new rules and guidelines provide the producing party with the advantage to classify all responsive ESI into two categories; accessible and inaccessible ESI. From the start of litigation, a requesting party will need to be developing an acute awareness of the types of ESI that might fall into each of these two categories. A compelling argument to seek the court's assistance in granting a preservation order to be applied to those specific computers that may need to be forensically examined in the future to circumvent inadvertent spoliation of relevant ESI need to be forged perhaps even before the meet-and-confer session. Once that order has been granted, there is little time to waste in working closely with a computer forensics service provider to draft a protective order and examination protocol to accompany a motion to compel. These are areas of expertise that CyberControls has been providing attorneys with for over five years.
To download a full description of CyberControls' service offerings, please click on http://www.cybercontrols.net/common/downloaddoc.asp?docid=1650&id=326141 .
Our team of computer forensic specialists and pretrial litigation consultants are available for a preliminary discussion to go over the necessary aspects of a case where e-discovery may be an important element. This is the first step taken by the majority of CyberControls' clientele. Making unforced errors by omission in court when it comes to e-discovery has potentially become far more costly than before. We urge you to place a call at 847-756-4890, visit our cyber site at www.cybercontrols.net or write to us at cyberinfo@cybercontrols.net to learn how to contend with your ESI related issues.
http://www.cybercontrols.net
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