A Review of Electronic Discovery Laws for theHealthcare Industry
March 18, 2010
L. Cooper Harrell and Allyson Jones Labban
Smith Moore Leatherwood LLP
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Knowing what to request as the requesting party
Knowing what you are handing over as the producing party
Adhering to preservation obligations
EmailsWhat can you get (if you ask for it)?
December 1, 2006
2. Responsibility of counsel to be informed about client’s electronically-stored information
3. Agreements by counsel; pre-conference orders
4. Initial discovery hearing or conference
5. The scope of electronic discovery
6. Form of production
Reallocation of discovery costs
Inadvertent disclosure of privileged information
10. SanctionsStaying in state court …
Guidelines of the Conference of Chief Justices
If you’re going to give a box of goodies to the other side, wouldn’t you want to know what’s inside of it?
Types of metadata:
The duty to preserve electronic information arises at least when a party “reasonably anticipates litigation.”
Zubulake v. UBS Warburg LLC,
220 F.R.D. 212, 218 (S.D.N.Y. 2003) (“Zubulake IV”).Become a packrat
220 F.R.D. 212, 217 (S.D.N.Y. 2003) (“Zubulake IV”).
Spell it out: