Blog

Next in our Electronically Stored Information (ESI) series I had planned to discuss the collection, review and culling of ESI. I changed my mind after reading a few articles and recently decided cases that discussed some crazy myths and fables about ESI and e-discovery. Let’s talk about myths, legends and […]

As we have previously discussed, the Federal Rules of Civil Procedure provide specific rules for the handling and discovery of electronically stored information (ESI). In Florida, the Rules of Civil Procedure were recently amended to include at least some guidance relating to ESI and e-discovery. Those amendments impacted different rules: […]

We have now written about the general environment of e-discovery and some of the rules surrounding e-discovery and electronically stored information (ESI). Now, let’s talk a little about document/data location (search) and collection. First, know that collecting (search) document and data evidence has completely different perspectives depending on whether you […]

When might a legal case involve extensive discovery, including electronic discovery (e-discovery)? Suppose you sue a corporation and want to obtain documents/data (Request to Produce), information from the corporation itself (Interrogatories) and information from employees of the corporation (depositions). What might the subject matter of the lawsuit involve: Breach of […]

You are in an auto accident and the other party is at fault. Your injuries are permanent according to your physicians. As is all too often the case, you cannot receive reasonable settlement offers from the other party’s insurance company. You sue the other driver to collect compensation for your […]

This case is a tragedy about (4) young lives extinguished long before they should have been. This is also a story about a corporation that lost, destroyed and fabricated evidence in an effort to avoid liability for the death of these four young people. BNSF Railroad’s story: the four youths […]

There is no question that technological changes have revolutionized discovery in civil litigation, particularly in cases where the parties seek large volumes of documents from their opponents. Medical device and pharmaceutical litigation come to mind. How to manage so-called “e-discovery” is on the minds and lips of many lawyers. In […]