EDD Links

On December 1, 2006, the new Federal Rules of Civil Procedure dealing with EDD (electronic data discovery) will take effect. For those interested in learning more about the intricacies of e-discovery, this compilation of links on the subject is a great place to start: http://www.abanet.org/lpm/lpt/articles/slc10061.shtml.

New Federal E-Discovery Rules Effective Dec. 1, 2006

The U.S. Supreme Court has approved amendments to the Federal Rules of Civil Procedure concerning "electronically stored information." The amendments address problems associated with electronic discovery in cases involving large amounts of data and become effective on Dec. 1, 2006. The changes affect Rules 16, 26, 33, 34, 37, and 45, as well as Form 35.

No Duty to Warn on Hair Product Causing Death of Infant

The Michigan Supreme Court has ruled that the manufacturer of an "all natural" hair spray that caused an 11-month old chid to die had no duty to warn of such a danger. The Court found as a matter of law that that risk is obvious. The container did have a warning not to use it near sparks or open flames, but there was no warning not to inhale or taste the product or to keep it away from children. The majority concluded that Michigan law does not require that every possible injury be warned against. A scathing dissent proclaimed that the decision sounds the death knell for failure to warn cases in Michigan.

Top Ten Things You Don't Do As A Witness

Top Ten Things You Don't Do As A Witness
10. Don't volunteer unless you absolutely, positively know it will help your case.
9. Don't get mad.
8. Don't listen to the question.
7. Don't bring anything to the deposition unless asked to do so.
6. Don't guess.
5. Don't assume.
4. Don't fight.
3. Don't answer a question about a document unless you review it first.
2. Don't forget that everyhting you say is being taken down and will be used against you.
1. Don't lie.

Electronic Discovery Tips

Here is some suggested language for a letter requesting that electronic evidence be preserved until an electronic discovery order can be entered:

Dear _______:

In connection with the lawsuit we have recently filed, it is absolutely critical that certain evidence be preserved. In particular, please do no delete or otherwise dispose of any of the following categories of information or data until an appropriate discovery and evidence retention order can be entered by the Court:
1. Emails and all attachments thereto relating in any way to the subject matter of this litigation;
2. Metadata (information related to e-mails such as date sent, date received, subject)
3. Tapes or other media containing disaster recovery backups of e-mail servers;
4. CD-ROMs containing archives of e-mail; and
5. Personal computers, home computers, laptops, handhelds, or other electronic storage devices.

We also request that you immediately instruct all employees to cease automatic destruction of records until the company can isolate and copy the relevant material.

In addition, please send an email and a letter to key custodians, including their assistants, directing them not to delete any e-mail or documents in their personal accounts or on the “shared drives.”

Thank you for your anticipated cooperation. If you do not intend to comply with any part of this request, please notify me immediately so that appropriate motions can be filed.

Very truly yours,