One aspect of litigation that makes patent cases so expensive is the cost of discovery — including the cost of finding, reviewing, and
producing electronic documents.
One of the major pressure points is the extraordinary cost of discovery (especially the cost of locating, reviewing, and
producing electronic documents like email messages).
Recently I've had discussions with several lawyers at big firms and at litigation boutiques, all of whom have a clear understanding of their obligations and their clients» obligations to preserve, review and
produce electronic documents, but all of whom seem to be stymied by the apparently uncontrollable, even irrational costs of ediscovery.
Not exact matches
Documents, books and similar items soaked and muddied in the potentially sewage - laden flood waters
produced by Hurricane Harvey may be salvageable with the use of
electronic beam technology.
WWF may refer to: World Wide Fund for Nature, a nature conservation organization previously named World Wildlife Fund (and still using the former name in some markets) World Wrestling Federation, the name used from 1979 to 2002 by the professional wrestling company now known as WWE Welded wire fabric, a reinforcing material typically used in poured concrete slabs Working Women's Forum, an organisation in India World Water Forum, an international forum for water issues Windows Workflow Foundation, Microsoft's workflow management framework Wiscasset, Waterville and Farmington Railway, a former 2 foot gauge railroad in Maine, United States WWF (file format), a campaign to
produce PDF
electronic documents that forbid printing Words with Friends, a game for Apple and Android platforms Waterside Workers» Federation, a former Australian trade union, now the Maritime Union of Australia
R. v. Nde Soh is important because the Court accepted the need to receive evidence on the issue of admissibility as to how the computer system that
produced the «
electronic documents» worked.
«A lawyer who receives from an adversary
electronic documents that appear to contain inadvertently
produced metadata is ethically obligated to avoid searching the metadata in those
documents,» the opinion concludes.
However, the mortgage provider, Bank of Nova Scotia, says it can not
produce the statement without consent due to provisions within the Personal Information and
Electronic Documents Act.
The literal explosion in the amount of electronically stored information which is
produced today and the increasing use of more complex
electronic document and communication technologies (such as internal blogs, collaborative shares, internet and voice over internet protocol (VOIP)-RRB- only serve to magnify the issue.
It is certainly well known that requests for
electronic discovery generally specify that
documents are to be
produced in their native format, in order to capture the metadata.
Notwithstanding the fact that the Federal Court is of the view that «
documents filed solely with a typewritten signature are considered to meet the signature requirement under Rule 66 (3)», and that the Canadian Council for Court Technology and others have
produced reports touting the merits of digital and other
electronic signatures, it remains that many of those within the legal community who are in favour of cyberjustice solutions seem to draw the line at authentication mechanisms.
Every organization — of any size — needs a cohesive strategy to maintain,
produce, and protect the information it generates through email, texting,
electronic documents, and other communications.
«
electronic format» includes an
electronic format
produced by making an
electronic copy, image or reproduction of a written
document; («forme électronique»)
«Lawsuits increasingly rely on
electronic documents being
produced early on, feeding demand for tools that help archive and retrieve those records, a process known as e-discovery work.
The new Federal Rules require parties in litigation to preserve and
produce documents that exist only in
electronic form («e-
documents») such as e-mails, voicemails, graphics, instant messages, e-calendars and data on handheld devices.
So as the amount of
electronic data exploded, of course eDiscovery came in to manage it, but as the amount of data continued to expand, even the amount that trickled down and was
produced and litigation got to be huge, and you may just be talking 10,000
documents but at that stage you don't just need to know that those are relevant to the case.
Electronic documents are so process - driven that the system that
produces and stores them is key to their reliability.
«Litigation lawyers often underestimate the complexity of
electronic documents, what it takes to collect them, analyze them, and then ultimately review and
produce them,» she tells AdvocateDaily.com.
Using a broad and generally accepted definition of \ record \ as including
electronic documents, the rules state a fundamental obligation to
produce records that are material and relevant.
The Sedona Principles recommend that the interim costs of
electronic discovery should be borne by the party
producing the
documents pending the final disposition of an action.
In speaking about the evolution of
electronic document discovery in Canada, Cole remarked that «a lawyer's ability to provide a client with sound
electronic document management advice, as well as to efficiently and effectively
produce a client's
electronic documents in the context of litigation or regulatory investigation, is more than a strategic advantage - it has quickly become a matter of professional competence.»
In JDS Uniphase Inc. v. Metconnex Canada Inc. the parties attempted to comply with the Ontario e-Discovery Guidelines in that they discussed the method of exchanging and
producing documents in an
electronic format.
Along with the form, the investor must submit the original policy
document, the NEFT (National
Electronic Funds» Transfer) mandate form and his or her age proof, if it was not
produced earlier.