Blog Entries - November 2007

The Maryland Protocol

james.crane@altep.com — Thu, 29 Nov 2007 02:00:00 +0100

So many of my clients in corporate law departments are so busy - it is a real challenge to keep up with the latest legal developments. I am always looking for useful resources to pass along. One of the best resources regarding the Amended Federal Rules related to Electronic Discovery is the Maryland District Court’s Suggested Protocol for Discovery of Electronically Stored Information (“ESI”).

So many e-dis [...]

The Ninth Circuit Takes on Commencement for CAFA

james.crane@altep.com — Tue, 27 Nov 2007 02:00:00 +0100

There’s been another significant Class Action Fairness Act holding regarding when an action is “commenced.” A party argued in Bush v. Cheaptickets, Inc., that an action is “commenced” on the date it is removed to federal court. Judge Bybee, writing for a unanimous panel, rejected the argument, calling it “nonsensical, since every action that could be removed must have been previously commenced.” The alternative argument that an action was commenced [...]

On Experience...

james.crane@altep.com — Wed, 21 Nov 2007 02:00:00 +0100

On the eve of Thanksgiving, I’m thankful for all of the relationships in my life, with my family, friends, colleagues, and clients. It has been a great year with many outstanding experiences. Speaking of experience…

Think about what goes through your mind as a legal professional when a potential client inquires whether an attorney or paralegal with little or no experience can handle a legal matter as well as an experienced pr [...]

Government�s Reckless Disregard of Preservation Duty Warrants Spoliation Sanctions

james.crane@altep.com — Tue, 20 Nov 2007 02:00:00 +0100

In United Med. Supply Co., Inc. v. United States, the United States Court of Federal Claims imposed sanctions against the United States based upon its “reckless disregard” of its duty to preserve relevant evidence. The court found that over an extended period of time, the government regularly destroyed documents, and mischaracterized the extent of its efforts to locate responsive documents and prevent spoliation.

The government [...]

Indiana is Ready for E-Discovery

james.crane@altep.com — Thu, 15 Nov 2007 02:00:00 +0100

The Indiana Supreme Court has issued an Order Amending Rules of Trial Procedure that mirrors the amended Federal Rules of Civil Procedure and accounts for electronically stored information. The state rules are set to go into effect on January 1, 2008. You can check it out here: http://www.in.gov/judiciary/orders/rule-amendments/2007/trial-091007.pdf

A Party�s Request in a Letter Trumps Rule 34�s Allowance For �Reasonably Usable� Form of Production

james.crane@altep.com — Tue, 13 Nov 2007 02:00:00 +0100

In Lawson v. Sun Microsystems, Inc. (S.D. Ind. Sept. 4, 2007), the plaintiff in an action for an unpaid commission sought an order compelling defendant to provide documents in their native format to comply with FRCP 34 (b) (ii). The defendant provided hard copy documents in its production and argued that was a “reasonably usable” form as allowed under the amended Rules. Defendant alleged that plaintiff had not specified any particular form of production in his r [...]

State Courts and E-Discovery Rules

james.crane@altep.com — Thu, 08 Nov 2007 02:00:00 +0100

I’m often asked about the status of electronic discovery rules in various state courts and how quickly the amended Federal Rules regarding ESI are likely to be adopted. The answer is a mixed bag, depending on the state. Some states were ahead of the Federal Rules (Texas and Mississippi). Other states have enacted e-discovery provisions to their state rules that are similar to the Federal Rules ( Arizona, Indiana, Idaho, Louisiana, New Jersey, Minnesota, [...]

Illinois District Court Clears up Confusion About Accounting for E-mail Threads on a Privilege Log

james.crane@altep.com — Tue, 06 Nov 2007 02:00:00 +0100

I have been involved with many debates among attorneys representing corporate defendants about the best way to represent e-mail conversations on a privilege log. Effective corporate counsel will recognize that entries on a privilege log must be detailed and consistent enough to withstand the scrutiny of opposing counsel and the bench. The real question surrounds how particular material should be treated, for example, when a communication originally is not pri [...]

Your Latin Lesson, and the Litigator's Horoscope to Live By

james.crane@altep.com — Thu, 01 Nov 2007 02:00:00 +0100

As any proud legal professional knows, it is up to us to keep Latin alive. Here are a few phrases I've selected - brush up on your Latin, and use them as a guide for the upcoming month. Amaze your friends, impress your colleagues...I think it qualifies as both fun and educational.

Additionally, I've decided to express my long-standing fascination with astrology by providing you with an exciting new feature of this b [...]