In a Technolawyer news letter I learned that a certain judge in the case of Lorraine v. Markel American Insurance Co., 2007 U.S. Dist. LEXIS 33020 (D. Md. May 4, 2007) issued a one hundred page opinion that is essentially a primer on how to get electronic evidence in at trial.
Dennis Kennedy recently posted on the issue of unanswered questions in E-Discovery. He links to a Ron Freidman post on the unanswered questions regarding web based databases or Web 2.0. Often times multiple users or companies will team up on such a database where all users are adding and editing content and documents. How does a court issue an order to preserve this information? Answer? There is no answer you may be the first to tackle the problem.
Are you ready to plunge into e-discovery on your next case? Can't wait to find that smoking gun? If so you should read this post today at J. Craig William's May It Please the Court. The cases he cites Zubalake v. UBS Warburg LLC and it's predecessors Zubalake I, II etc., and Claudia Quinby v. WestLB AG, No. 04 Civ. 7406, S.D. N.Y. , are both a good introduction to e-discovery and also cautionary tales. If you do not read them someday you may end up paying the other side $30,000 in costs.
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