DiscoverReady’s New Year’s Resolutions

Happy New Year! As we turn the calendar to 2016 and reflect on what the year ahead might bring, I asked some of my DiscoverReady colleagues to share some of their resolutions for the new year. Here’s what they resolve to accomplish in 2016. . .

Stipulations for Discovery of ESI: America’s Next Top Model

In federal court—and in most state courts—parties must meet and confer at the beginning of the litigation to discuss various case management issues, and hopefully reach stipulated agreements about those issues. The discussions must address the discovery of electronically stored information, a subject that in too many cases causes needless amounts of disagreement, delay, expense, and overall angst among the litigants and counsel. Why is the negotiation of ESI stipulations so difficult?

Grab your Surfboard, a Wave of Data Breach Litigation is Rolling In

Last month the U.S. Court of Appeals for the Seventh Circuit departed from most other federal courts, and allowed a data breach litigation to proceed where plaintiffs demonstrated no actual injuries, but a “substantial risk” of future injury.

Litigating in California? Be Sure You’re Ethically Competent in e-Discovery

Last year the State Bar of California Standing Committee on Professional Responsibility and Conduct issued two draft opinions answering the question “What are an attorney’s ethical duties in the handling of discovery of electronically stored information?” After receiving public comment on the drafts, the Committee recently issued its final version, Formal Opinion No. 2015-193. Even a highly experienced attorney may need some assistance in certain litigation matters involving ESI.

The Internet of Things — Let the Litigation Commence

Legal commentators have been speculating about how the “Internet of Things” could generate a flood of new litigation. Some of that speculation recently became reality, when plaintiffs filed a class action against a group of automakers, alleging that they sold unsafe cars because their internet connectivity creates vulnerability to hackers.