The Complex Litigator

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e-Discovery: California Governor signs AB 5, the delayed e-discovery bill

After several weeks of slim pickings, this week is turning out to have more than enough news.  As a big for-instance, on June 29, 2009, Governor Schwarzenegger signed into law AB 5.  The Governor had previously vetoed a prior version of the bill for reasons probably related to some budgetary brinkmanship.  As before, the new rules track closely with the federal rules and would spell out how and when records from fax machines, computer databases, e-mails and cell phones should be exchanged in litigation. They also set up procedures for settling disputes over data that one party contends are trade secrets or privileged attorney work-product.