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

Fri Aug 17 10:50:54 PDT 2012

I (along with Dan DeSouza of our firm) have lectured several times on
the  new Florida rules and eDiscovery matters.

Happy to put on something for this group if there is interest.

It is a topic that every attorney doing any kind of civil litigation
needs to know something about.

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Daniel Greene
Sent: Friday, August 17, 2012 1:38 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S
C OV E R Y starts September 1....

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
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Becker & Poliakoff, P.A.
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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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