Electronic Discovery Administrative Agency Civil Procedure

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Arizona Enacts Limited Privilege For Insurance Self-Audits

Arizona has enacted a privilege applicable to voluntary compliance audits conducted by insurance companies. This “self-evaluative” privilege protects audit documents and testimony in civil and some administrative proceedings....more

Highlights of the UARG v. EPA Decision

On Monday, the Supreme Court’s decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act, reversing in part and affirming...more

N.Y. District Judge Sanctions City for Spoliation of E-mails

DMAC LLC, et al., v. City of Peekskil, et al., 2012 U.S. Dist. LEXIS 138605 (S.D.N.Y. Sept. 17, 2012). On September 17, 2010, Magistrate Judge Yanthis of the Southern District of New York sanctioned the City for...more

New FTC Rules Address Electronically Stored Information and Privilege Issues

The Federal Trade Commission (FTC) promulgated revised rules concerning its investigative procedures, which take effect on November 9, 2012. Several changes concern the treatment of electronically stored information (ESI) and...more

Judge Scheindlin Sends Federal Agencies a “Message” About Their E-Discovery Obligations Under the Freedom of Information Act

Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency, 2012 U.S. Dist. LEXIS 97863 (S.D.N.Y. July 13, 2012). Shira A. Scheindlin, U.S.D.J. for the Southern District of New York, has...more

Government Electronic Public Records

Electronic record keeping is now pervasive as businesses, individuals and governments increasingly transact their affairs and store records by means of electronic media. Law review commentary and texts on electronic discovery...more

Facebook Profile Subject to Discovery

The U.S. District Court for the Middle District of Pennsylvania recently considered whether information contained within a party's Facebook account is properly subject to discovery. The case arose from a November 2008...more

California Enacts New e-Discovery Rules That Mirror Federal Court E-Discovery Rules – With One Exception

On June 29, 2009, California Governor Arnold Schwarzenegger signed into law the Electronic Discovery Act (“California EDA”). The California EDA took immediate effect as an urgency measure, “in order to eliminate uncertainty...more

EIM and Litigation Alert: California eDiscovery Legislation Signed Into Law, Effective Immediately

On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California’s first set of statutes designed to address the realities of electronic discovery. AB 5 adds two new statutes to the California Code of Civil...more

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