Hmm, interesting problem that can torpedo a case. Does your firm's IT department employ effective document management policies?"What seems to be the problem? Your IT organization has put in place proper procedures for deleting electronic documents, including e-mails. So it is no surprise when as a result of litigation your e-discovery process cannot turn up a particular document. However,...
Very interesting op-ed in the NY Times from author & lawyer Scott Turow, all about how advances in forensic technology may also impact statutes of limitations. He raises some intriguing questions about changes in law & the passage of time:"THIS Friday a 33-year-old man named Juan Luna will go on trial here for the murder of seven people in a Brown’s Chicken restaurant in Palatine,...
Oh, this news can't be good for anyone: "A Marine paralegal who reported that she overheard guards at Guantanamo Bay brag about beating detainees was accused by a military investigator of filing a false report, the paralegal’s boss, a Marine officer, said Friday. "Army Col. Richard Basset, who was ordered by the U.S. Southern Command to investigate the allegations into guards’...
Could not understanding EDD issues -- both evidence rules & technology -- amount to malpractice? Oh, yeah, I think so, especially if the client didn't 'know' not to monkey with hard drives: "During discovery in a securities case in the Northern District of Florida, Miami attorney Michael Kreitzer's client wanted to see e-mails between two of the defendants. The defendants claimed that...
Yes, even more information is now subject to discovery, but really, iPods too?? "On Friday , the long-discussed and much-awaited amendments to the Federal Rules of Civil Procedure (FRCP) went into effect. Among the elements of these amendments are changes to how electronic evidence is treated in discovery. "This issue and the changes to the rules affect most particularly counsel...