a California-centric collection of comments and resources about complex litigation and class action practice
Quite some time ago, I covered a few e-discovery resources on this blog. You can find that old post here.
I'm adding another to that list (additions being long overdue). This list has an interesting collection of state-by-state links. It might set you in the right direction if you have to deal with e-discovery in a state in which you don't normally practice:
Vasquez v. CA School of Culinary Arts (pub. ord. September 26, 2014) (Second Appellate District, Division Two) is ostensibly about an award of attorney's fees following the plaintiffs' successful opposition of a motion to quash their electronic records subpoena directed to student loan servicing entity Sallie Mae, Inc. After all, the Court describes the appeal as follows: "Sallie Mae, Inc. (Sallie Mae) appeals from an order awarding plaintiffs and respondents Daniel Vasquez, et al. (collectively, plaintiffs) $11,487 in attorney fees and costs incurred after plaintiffs successfully opposed Sallie Mae’s motion to quash a business records subpoena seeking electronically stored information pertaining to student loans made to them by Sallie Mae." Slip op., at 2.
The real value of the case is found in its discussion of what defines a reasonable electronics evidence request:
The motion to quash was premised on the ground that the subpoena was improper because it required Sallie Mae to do more than produce records as they already exist and that Sallie Mae could not be compelled to perform research, or to compile data through a programming effort in order to create a spreadsheet.
There is little California case law regarding discovery of electronically stored information under section 1985.8. We look, therefore, to federal case law on the discovery of electronically stored information under the Federal Rules of Civil Procedure for guidance on the subject. “‘Because of the similarity of California and federal discovery law, federal decisions have historically been considered persuasive absent contrary California decisions.’ [Citation.]” (Ellis v. Toshiba America Information Systems, Inc. (2013) 218 Cal.App.4th 853, 862, fn. 6, quoting Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, 1288.)
Slip op., at 8. Citing Gonzales v. Google, Inc., 234 F.R.D 674 (N.D.Cal. 2006), the Court held that "a nonparty cannot avoid complying with a subpoena seeking electronically stored information on the ground that it must create new code to format and extract that information from its existing systems." Slip op., at 9.
Until California Courts uniformly depart from this holding, or the statutory law is modified, it looks like federal courts will supply strong guidance in on the questions that arise during electronic discovery.
it can be obtained through Paraben. The product is currently known as Network Email Examiner (Nemex), version 3.0. I under-priced it a bit. It is listed currently as a $799 purchase. Still cheap when you consider what it does. The feature list is as follows:
Imagine the ability to view and export one complete e-mail account from a massive Exchange information store. Brilliant!
The product page lists "free one year subscription" with purchase, but this pertains to the right to receive free updates. When the year is up, you can still use the version that you have.
On March 31, 2010, the Labor & Employment Law Section of the Los Angeles County Bar Association will present the Thirtieth Annual Labor and Employment Law Symposium:
The 2010 Labor and Employment Law Symposium provides practical advice and cutting-edge panel discussions on labor and employment law issues of critical importance to attorneys, judges, neutrals, government practitioners, union representatives, in-house counsel, and human resource professionals. The Symposium provides a unique intellectual experience allowing the panelists, all of whom are recognized experts in their fields, to share new perspectives, ideas and information. Each panel discussion covers opposing viewpoints, interpretations and strategies, and will encourage audience questions and participation.
The location details:
Biltmore Hotel
506 South Grand Ave.
Los Angeles, California
I will be speaking on the panel entitled "20 Tips for Successful Navigation of e-Discovery Requirements," with Moderator Angela Robledo, Hon. Carl J. West, and Heather Morgan.
The Complex Litigator reports on developments in related areas of class action and complex litigation. It is a resource for legal professionals to use as a tool for examining different viewpoints related to changing legal precedent. H. Scott Leviant is the editor-in-chief and primary author of The Complex Litigator.
