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FTC to update investigations, attorney misconduct allegations (access required)

Published: January 26, 2012

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The Federal Trade Commission plans to both update its investigative process and clarify how it handles allegations of attorney misconduct, the agency has announced, seeking public comment on both issues.

Lawyers face new challenges with e-discovery in 2012 (access required)

Published: November 14, 2011

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As electronic discovery continues to evolve, litigators are facing new challenges, including emerging technology and expanding amounts of data. Looking ahead to the coming year, lawyers should keep an eye on the following trends.

Preserving social media for electronic discovery (access required)

By: Correy Stephenson
Published: September 21, 2011

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As more and more individuals and businesses participate in social media, the amount of litigation-related information on sites like Facebook and Twitter is rising.

For lawyers, these sites can be an electronic discovery gold mine – or they can be the downfall of a case.

How can lawyers ensure that social media communications are preserved for trial? Conversely, how can they stop their clients from putting themselves at risk of sanctions for deleting information?

Judge pulls ‘landmark’ opinion on metadata e-discovery (access required)

Published: July 19, 2011

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A federal judge in New York has withdrawn what some commentators had hailed as a “landmark” decision on the disclosure of metadata during the course of e-discovery.

Judge approves $1.05 million sanction in e-discovery saga (access required)

Published: June 29, 2011

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A federal judge has approved a $1.05 million sanction in a bitter e-discovery battle that still has the threat of jail hanging over the head of a company president accused of destroying electronic evidence.

Misspellings can create issues for e-discovery process (access required)

By: Correy Stephenson
Published: May 3, 2011

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You might have thought that electronic discovery always requires accuracy. But the latest advice from e-discovery experts is that misspelled words and names are just as essential to the process as accurate ones.

Recent opinion sets e-discovery standards (access required)

By: Correy Stephenson
Published: March 4, 2011

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In what attorneys are calling another standard-setting decision on electronic discovery, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York has authored an opinion addressing issues related to metadata and the form of production for electronic records.

Sanctions for e-discovery violations at ‘historic’ high (access required)

By: Christina Pazzanese
Published: February 14, 2011

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Sanction motions and awards for e-discovery violations across the country have climbed dramatically in recent years and have now hit “historic highs,” according to a study published in the Duke Law Journal.

Survey finds e-discovery sanctions on the rise (access required)

By: Tony Ogden
Published: January 21, 2011

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A survey published in the Duke Law Journal has found that the frequency of sanctions against lawyers for e-discovery rule violations has risen dramatically in recent years.

Report: E-discovery sanctions reach all-time high (access required)

By: Correy Stephenson
Published: December 15, 2010

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Sanctions in e-discovery cases are at an all-time high, according to a recent analysis published in the Duke Law Journal.

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