In a move designed to stem the escalating costs of electronic discovery, the U.S. Court of Appeals for the Federal Circuit recently adopted a Model Order that sets out requirements designed to limit the scope and impact of eDiscovery in patent cases. In a September 2011 presentation, Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit unveiled a Model Order Regarding E-Discovery in Patent Cases (“Model Order”). READ MORE
It is almost axiomatic in American jurisprudence that the duty to preserve arises for a party when that party “knows or reasonably should know” that litigation is foreseeable. That said, a recent matter out of the federal courts in New York has raised a very interesting question about evidence preservation duties, as well as when and how they extend to certain parties — including their counsel. READ MORE
Countless times during my career, I’ve been asked why data classification makes financial sense for an organization. This particular conversation typically arises in the context of a rebuttal to an unpopular project that has been proposed (i.e., one that doesn’t affect the bottom line — at least in a material and self-evident way)… READ MORE
