Managing Electronically Stored Information: Best Practices Under Federal E-Discovery Rules
I. INTRODUCTION The U.S. Supreme Court recently approved amendments to the Federal Rules of Civil Procedure. The amended Rules are designed to assist practitioners and federal courts resolve electronic discovery issues that arise in litigation. This article provides an overview of the amended Rules, as well as current electronic discovery trends in state court proceedings. The article concludes with concrete recommendations for companies to manage their electronically stored
Holding Companies Beware: Illinois Adopts "Direct Participant" Theory
HOLDING COMPANIES BEWARE: ILLINOIS ADOPTS “DIRECT PARTICIPANT” THEORY
(Parent companies now subject to greater liability for tortious conduct of subsidiaries)
In a landmark decision, the Illinois Supreme Court acknowledged “direct participation” as a viable theory of tort liability under Illinois law. Under this theory, parent companies may be held liable for the activities of their subsidiaries without “piercing the corporate veil” (veil piercing is the traditional mechan
5 Rules For Corporate E-Discovery Management
Identify an Electronically Stored Information (ESI) Management team and assign aTeam Leader. This person should be able to confidently testify in court about thesteps the company took to meet its electronic discovery obligations. The goal is tohave the court agree that the company’s response was appropriate and reasonableunder the circumstances. Understand your ESI architecture such that when any new suit is filed, you need onlyto look at your ESI map to know where your ESI i
Behind the Battle for Bytes
BEHIND THE BATTLE FOR BYTES The new Federal Rules of Civil Procedure concerning electronic discovery have dramatically changed the way some lawyers and their clients litigate disputes. Companies are frequently finding themselves embroiled in heated discovery battles for electronically stored information (“ESI”), and occasionally sanctioned for their failure to preserve relevant electronic evidence. Against this legal landscape, it is important to understand some of the unique