e-Discovery Insights

Tips & Tricks: I'm Suffering from Writer's Blawg...

It seems like all I'm doing these days is writing.  Writing, writing, writing...

I came across this post from my colleagues at K&L Gates ("Electronic Discovery Law" on my blogroll).  They've created a comprehensive list - with links - to all of the states that have enacted e-Discovery rules. 

This is simply a fantastic resource - and it's why they're on my blogroll in the first place!

I hope you find it as useful as I do.

e-Discovery LOL: I Violated the 8th Amendment!

How did I do that?  By subjecting you to Charles Barkley's mug for ten days straight.  Sorry folks, but some weeks I simply don't have time to sit down and write anything substantive; for those periods, I use Twitter.

So, I owe you something better to look at over the weekend.  The good news is, next week's schedule looks a little bit better.  Have a great weekend.

e-Discovery LOL: Charles Barkley: "Tweet is for losers."

 

e-Discovery California: Brown Cancels Leno

Continuing what many privacy advocates will see as a disturbing trend against 4th Amendment protections in the state of California (and elsewhere), Governor Brown has vetoed the 'Leno' bill, SB 914.  The bill would have required the government to obtain a warrant to search a cellular device upon an arrest.  This follows on the heels of the Supreme Court of the United States declining to grant review of the Diaz case.

In another California case, the 2nd District Court of Appeal cited Diaz in upholding the warrantless search of a digital camera.

These days, if you blink, you may miss another decision affecting the concept of privacy in the United States.

#ABA Seeking Comments Re: Loosening Restrictions to Cross-Border Practice

The ABA has cited a deadline of November 30th, 2011 for comments on several proposals to make it easier for attorneys to practice across multi-jurisdictional lines.  The proposals may be viewed on the ABA's "Ethics 20/20" Commission web page, however, comments may only be submitted via email.

These proposals should be of particular interest to eDiscovery professionals, especially now that cross-border issues are more prevalent than ever with the explosion of cloud computing and other technological advances.

As a Consultant and Attorney, I'm constantly bending over backward to make sure potential clients understand that I'm licensed in California, while at the same time I'm free to consult anywhere.  The tension arises when an out-of-state project or case begins with a consulting agreement, then is in danger of meandering into law practice.  Clients can't always tell the difference; but I can, and it means having a further conversation to clarify my role.

Heck, the disclaimer on this blawg exists for the same reason!

Any modification to the Rules that would ease this burden would be highly beneficial to eDiscovery professionals.  Of course, in my case, I must still defer to the California Rules, but you gotta start somewhere...

Let your voice be heard.  Send your comments to the ABA by November 30th, 2011.

The Bench: A Plea for More Funding for California Courts

The new President of the State Bar of California, John Streeter, and the new Chief Justice, Tani Cantil-Sakauye, are united in their plea for more funding.