The Sedona Conference | Discovery Advocate

Is “double-deletion” of e-mail evidence of conspiracy, spoliation, or legitimate activity?

By Karin Scholz Jenson on April 20, 2012 Posted in Antitrust, The Sedona Conference

The recent e-book price fixing lawsuit brought by the U.S. Department of Justice against Apple and individual book publishers includes allegations that the publishers recognized the “illicit nature” of their communications because they “took steps to conceal their communications with one another, including instructions to ‘double delete’ email…” Conspiracy allegations aside, DOJ’s cloak-and-dagger allegations belie… Continue Reading

Production Gaps in Two Kansas Employment Cases Lead to Evidentiary Hearing and Order to Produce Hard Drive Images

By Paul Levine on April 6, 2012 Posted in Gap Analysis, The Sedona Conference

Co-authored by: Gil Keteltas In reviewing an opponent’s production of electronically stored information (ESI), you may start out with the common sense question, “What information is missing that I expected to see based on the claims and defenses in dispute?” This question, a somewhat informal “gap analysis,” is central to two recent employment litigation decisions… Continue Reading

Sedona Conference Issues Draft Guidance on Ethics and Metadata

By Gil Keteltas on March 20, 2012 Posted in Ethics, Metadata, The Sedona Conference

The Sedona Conference’s recently published draft Commentary on Ethics & Metadata is a practical guide to the different and sometimes conflicting duties a lawyer faces in two very different contexts: every day communications with third parties and discovery. In short – context is everything when it comes to metadata. The Commentary begins with a brief… Continue Reading