Judge Maass issued this order on March 23 in Coleman v. Morgan Stanley, a case in which Coleman Holdings is seeking $680 million in losses and $2 billion in punitive damages in connection with Morgan Stanley helping Sunbeam to falsely inflate its finances. Read More
In this March/April 2005 article from Business Law Today, George L. Paul and Robert F. Copple outline steps for a business to follow in developing data life-cycle policies. Such policies are designed to ensure that necessary data is preserved (in connection with litigation and Sarbanes-Oxley, for example) yet the business does not “drown in its digital waste.”
Full text of the article can be found here.
An interesting article from PG Lewis & Associates’ March 2005 e-Newsletter on the recently released American Bar Association corporate counsel survey. Among other findings, the survey brings to light that more than “80 percent of Corporate counsel members are not aware of or familiar with the e-discovery ammendments.”
The original ABA survey report, ABA Digital Evidence Project Survey on Electronic Discovery Trends and Proposed Amendments to the Federal Rules of Civil Procedure, was published in February 2005.
On February 11-12, 2005 in Washington, D.C., the Civil Rules Advisory Committee heard testimony from over 45 witnesses. This was the third and final set of public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. Following are some highlights of the testimony from day two of the hearing, when the committee heard from 13 witnesses. The complete testimony for this hearing, and the previous hearings, can be found here. Read More
On February 11-12, 2005 in Washington D.C., the Civil Rules Advisory Committee heard testimony from over 45 witnesses. This was the third and final set of public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. Following are some highlights of the testimony from day one of the hearing, when the committee heard from over 30 witnesses. The complete testimony for this hearing, and the previous hearings, can be found here. Read More
In an article appearing in the February 18-24 issue of the Puget Sound Business Journal, Martha Dawson points out that case law regarding e-discovery is slow to develop and often confusing. Additionally, federal guidelines that apply to document discovery were originally drafted in 1939 prior to today’s computer environment. In the article, she discusses several issues under consideration as part of efforts to modernize e-discovery definitions and methodology within federal rules. Click here to view a .pdf of the article.
On January 28, 2005 in Dallas, the Civil Rules Advisory Committee held the second of three public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. The committee heard testimony from 18 individuals. Following are some highlights of the testimony. The complete testimony can be found at here. Read More
J.P. Morgan will pay a total of $2.1 million to settle three separate claims that it failed to preserve e-mail during a 2002-03 investigation of alleged conflicts of interest among several Wall Street investment firms. Read the full story in the LA Times online.
On August 10, 2004, the Standing Committee on Rules of Practice and Procedure approved for publication and public comment several proposed amendments to the Federal Civil Rules that specifically address electronic discovery. The public comment period for these proposed amendments is now nearing its end. The last date for submissions is February 15, 2005.
A copy of the proposed amendments, and the corresponding Committee Notes, can be found here. Comments may be submitted electronically to the Secretary of the Standing Committee, via a link on the federal rulemaking website.
On January 12, 2005 in San Francisco, the Civil Rules Advisory Committee heard testimony from 15 witnesses. This was the first of three public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. The following are some highlights of the testimony. The complete testimony can be found here. Read More
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