Legal Tech Blog

Archive for the ‘Preservation’ Category

Oregonian seeks TRO to stop Sheriff Palmer from destroying email

Posted on: July 25th, 2016 by Angel Falconer

A hearing is scheduled on Tuesday in Grant County Circuit Court for a court order to keep Grant County Sheriff Glenn Palmer from deleting emails that may be relevant to his connection with the militants who took over the Malheur National Wildlife Refuge. The Oregonian wants official government business related emails sent and received on a personal email account, which is listed on the Sheriff’s Office website, to be retained according to public records laws. Sheriff Palmer’s attorneys revealed that those emails are routinely deleted, and claim that doing so is within the state’s policies.

“5 Ways Attorneys Can Optimize Their Company’s E-Discovery Process,” Exterro, Inc.

Posted on: April 15th, 2015 by Angel Falconer

Good reminders for in-house counsel and outside litigators:

  1. Understand the Data Environment
  2. Document the E-Discovery Process
  3. Develop a Targeted Collection Strategy
  4. Utilize Technology to Support Proportionality Arguments
  5. Reduce E-Discovery Costs by Leveraging Privilege Non-Waiver Agreements

You can read the white paper from Exterro here.

House Republicans Want Hillary Clinton’s Email in Native Format

Posted on: March 17th, 2015 by Angel Falconer

Former Secretary of State Hillary Clinton’s use of her personal email account to conduct official State Department business has been at the top of the headlines lately. Clinton has explained that her decision to use her personal email account was simply a matter of convenience and has stated that she has already released over 55,000 pages of correspondence. Not satisfied with the production of printed email, last week the House Oversight Committee Chairman Jason Chaffetz said his committee may seek electronic versions of the correspondence, not just the printed copies, and today House Speaker John Boehner called on Clinton to hand over the private server that stores the emails.

[Revised] Proposed Amendments to the Federal Rules of Civil Procedure

Posted on: April 4th, 2014 by Angel Falconer and Josh Ross

Now that the public comments period has closed for the Proposed Amendments to the Federal Rules of Civil Procedure, we thought it was time to do a more in-depth follow up to our post about Judge Scheindlin’s criticism of the proposed changes.  Rather than reading all of the thousands of written submissions (you can do that here) we did a breakdown of all of the speakers’ comments at the public hearings before the advisory committee and reviewed the materials that will be considered at their next meeting here in Portland, OR next week.  Read more…

Contractual Limits on E-Discovery

Posted on: April 1st, 2014 by Angel Falconer

This Law Technology News series explores the possibility of limiting e-discovery through agreement between the parties.  Part 1 discusses the potential benefits of these contracts and what provisions might be considered.  Part 2 cautions parties about the risks of diving into this uncharted territory, as the courts may find some provisions to be unenforceable.

Judge Scheindlin Takes Issue with Proposed Amendment

Posted on: September 6th, 2013 by Josh Ross

Judge Shira Scheindlin, Senior Judge for the Southern District of New York, has been long considered the leading jurist and a pioneer of e-discovery jurisprudence.  She authored the Zubulake I-V opinions, which are mandatory reading for all litigators certainly in federal courts and, in my view, in state courts as well.  So you know it won’t end well for a plaintiff accused of spoliation when Judge Scheindlin issues an opinion beginning with the following: “A decade ago, I issued a series of opinions regarding the scope of a litigant’s duty to preserve electronic documents and the consequences of a failure to preserve such documents falling within the scope of that duty…  Such obligation should, at this point, be quite clear especially to the party planning to sue.” Read more…

Using Computer Forensics to Investigate IP Theft – LTN

Posted on: May 17th, 2013 by Angel Falconer

This article was posted on Law Technology News yesterday.  Particularly for businesses that have never experienced IP theft by a departing employee, the article offers a good overview of what to expect in litigation and a checklist of first steps to take in preserving the most valuable (and vulnerable) evidence in these cases.  I would add that, in addition to working closely with a computer forensics expert, IT staff will usually provide critically important information about systems and proprietary software that the company may use.  Read more…

E-Discovery Sifting Through the Electronic Era

Posted on: May 6th, 2013 by Josh Ross and Angel Falconer

The following article originally appeared in the Spring 2013 issue of Trial Lawyer magazine, the quarterly journal of the Oregon Trial Lawyers Association.

Although electronic discovery has been a regular part of litigation for many years, dealing with the many facets of identifying, collecting, managing, storing, requesting and producing electronically stored information (ESI) remains a daunting task. Frankly, it can be a headache. Over the past decade, the increased focus on electronic discovery has created a morass of disputes, costs and stresses for litigators and their clients.  Adequately dealing with discovery of ESI requires a careful balance of competing interests: the need to fully investigate and uncover all potential evidence, and the desire to work efficiently and cost-effectively without bankrupting your client.

Despite volumes of articles, commentaries and blogs written on e-discovery – not to mention legal opinions – some lawyers choose to ignore it.  For example, we represented a plaintiff in an accounting malpractice case a few years ago. The defendant produced key memoranda that we suspected were modified prior to production in litigation. To find out, we served a supplemental request for those documents in native format, including metadata showing when the documents were created, revised and printed. The opposing counsel’s written response read, in part: The request “is unduly burdensome and vague. We do not know what it means, or what a response would look like.”  Read more…

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The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.

About this blog

The goal of this blog is to provide a forum for discussing issues related to technology used in law firm and case management, and share information about CLEs, legal opinions, articles and products that may interest Oregon practitioners in the area of e-discovery.

About the author

  • Angel Falconer

  • Josh Ross
  • Angel Falconer is Stoll Berne's Litigation Support Manager. She supports attorneys and clients through the entire litigation process and has worked on cases involving the securities laws, complex commercial disputes, class actions, unfair competition and trade secrets. Angel has expertise directing large-scale discovery projects and helps manage Stoll Berne's in-house e-discovery systems. Angel supervises electronic evidentiary presentations in arbitration hearings and in state and federal trial courts.
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