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Welcome to the FDCC's Task Force Electronic Discovery Center

(To enter the Resource Center, click on the ship graphic above) 

In service to its members and through its commitment to the forefront of knowledge in the law, the FDCC is establishing this E-Discovery Task Force Center.  However nascent this E-Discovery Resource Center is today, with the FDCC's E-Discovery Task Force of attorneys across the nation, the FDCC E-Discovery Center will grow into a premier "living" source of cases, articles, links and other information and resources vital to those engaging in what has now become the singlemost rapidly growing area of the law today.

Just ten short years ago, most lawyers were only beginning to learn of the worldwide web, the internet, electronic data-bases, communications means & storage, and even how to send an e-mail.  Today, despite a proliferation of e-mail and related electronic communications beyond recent imagination, many clients still view such written communications as transient telephone conversations. There is little understanding of critical, previously buried electronic information now being peeled open through use of E-Discovery. 

As courts throughout the United States begin to grapple with these issues via precedence and rule-making changes, lawyers wrestle to keep abreast of fast-evolving standards and law, and clients struggle with controlling a virtual exodus of information disseminating from within their ranks, the FDCC E-Discovery Task Force Resource Center will strive to provide solid, dependable and cutting edge developments in  the field of E-Discovery in the same manner of excellence the FDCC maintains its popular and ever-current Hot Cases.

 

 

 

 

 

 


 

  • Survivor ESI - FDCC E-Discovery Survival Manual- Presentation given at the 2007 Annual Meeting in Sun Valley, Idaho. Written materials authored by: Charles Baker, David Bell, Thomas Hanekamp, John Intondi, Scott Kreamer, Rebecca Levy Sachs, Elizabeth Lorell, Stephen Pate, William Ricci, Richard Traub.

  • Kroll Ontrack maintains a comprehensive list of all e-discovery decisions on its website, which you can access at http://www.krollontrack.com/ediscovery/. You can search cases by Topic - e.g. Discoverability, Costs, Sanctions, etc. or by jurisdiction. Access the case list by going to the site and clicking on "Legal Resources". The scroll down menu provides various topics, including sample discovery requests and preservation letters, current State and and Federal Rules and Statutes (Click "Rules and Statutes") and the searchable case law list of over 120 pages (Click on "Case Law List").

  • "Developments in Electronic Discovery", Power Point presented at Scottsdale FDCC Winter Meeting, Friday Blockbuster. This Power Point provides an overview of the rules, the issues, the concerns for clients and how, as counsel we need to help clients address E-Discovery. It was most recently edited and presented at the Winter Meeting by Elizabeth Lorell, Esq. of Schwartz Simon Edelstein Celso & Kessler LLP, Florham Park, NJ., but is the work product of many FDCC members, and is truly a collaborative document, which has been created and revised for presentation at the Litigation Management College and to clients over the past two years. Other authors of the presentation include Richard Traub, Esq., John Intondi, and Rebecca Levy-Sachs, Esq. (File is in pdf format, to request a copy of the Power Point, contact the FDCC office by clicking here.)

  • Think E-Discovery is just something to talk about, but it won't affect your practice? Think again. Read "Recipe for Disaster" from the American Lawyer about the trouble Morgan Stanley and Kirkland Ellis got into in the Sunbean case down in Florida over e-discovery. It is a true cautionary "there but for the Grace of God".


  • Did you know that it may be unethical for a lawyer to email/forward a document with client metadata on it opposing counsel? In a recent N.Y ethics opinion, the New York State Bar Association held that it is unethical for a lawyer to email/forward a document with client metadata on it to opposing counsel. It certainly reaffirms how important it is to use the new cleaning software that IT has installed. Metadata article



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