[RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C O V E R Y starts September 1....

[Daniel Greene]

All:
 
Michael suggested I pass this on to everyone. It was what he was looking for.
 
I told Michael to check the Ontario Bar Association web-site.  Their E-discovery forms and information are very useful.

Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.com
dangreenelaw at yahoo.com
dangreenelaw at gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. 
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________________________________
 From: "mromm at rommlaw.com" <mromm at rommlaw.com>
To: RPPTL constructionlaw <constructionlaw at lists.flabarrpptl.org> 
Sent: Friday, August 17, 2012 1:19 AM
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C O V E R Y starts September 1....
  

Fellow Members:   I recently read in an ACEDS article about the following:   Did you know that there is a law firm in California that is now being sued for malpractice due to an E-Discovery screw up?   The case involves allegations that J-M Manufacturing Co., of Los Angeles, through its former lawyers at McDermott Will & Emery and e-discovery service providers, Navigant and Stratify, repeatedly disclosed nearly 4,000 privileged documents to adversaries and the US government in a federal False Claims Act lawsuit. Who thinks that under 502 these inadvertant disclosures will be recovered by the Clawback Rule?   Judge Wu issued an opinion which is attached. 
This case led me to thinking about Florida's new E-Discovery Rules:
Florida's new E-Discovery Rules take effect on September 1, 2012.  I know of several larger law firms that have already assembled their E-Discovery Committees, developed internal practices and procedures, created E-Discovery Compliance Checklists, E-discovery litigation forms for use in litigation, fine tuned their litigation hold letters; and they have already retained or interviewed third party vendors.  In the case of the smaller firms, such as my solo law practice, I have also convened an E-Discovery Committee, but mine is a committee of 1 (me). 
I am sure there are a number of CLC Members who have a similarly sized law firm.    I met with myself and voted unanimously to create internal practices and procedures to comply with the new E-Discovery Rules, create compliance checklists and E-Discovery litigation forms, etc.  However, I would welcome and appreciate the benefit of any firm that has prepared any documentation related to E-Discovery that they might be willing to share with our committee.  For example:  
1.    Litigation hold letter forms (to our own clients and a different form to the opposing party).
2.    E-Discovery compliance Checklist
3.    E-Discovery Compliance Forms such as:
        A.   a  new form for a  Request for Production of Documents that specifically addresses the following:

(a)    emails
(b)    duplication
(c)    de-duplication
(d)    Twitter
(e)    Facebook
(f)     PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's (federal and state courts have already ruled                these are all fair game);
(g)    production format?  with or without source and header information? metadata, etc.
(h)    Text Messages
(i)     Etc.

Because emails and text messages are so easy to use and expedite communications, people tend to be less formal about what they say in an email or a text. If you think discovery concerning this type of communication is not crucial, just ask any one of the 85,000 people employed worldwide at the prestigious accounting firm of Arthur Andersen!  OOOps.  You can't ask them!  They all lost their jobs!  As discussed in a recent Florida Bar Journal article:  "The classic example is Arthur Andersen's shredding of Enron-related documents. Several e-mails by Andersen's employees candidly remarked and joked about the shredding of thousands of crucial auditing materials. The result: Those e-mails surfaced, and today Andersen no longer exists".

 Thanks in advance to anyone who contributes!.  Michael Romm


Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm at rommlaw.com

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