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Meeting the Challenges of E-Discovery for Financial Institutions

Anthony J. Diana, Therese Craparo and Patrick Garbe of Mayer Brown write that the most effective way for financial institutions to confront the challenges of e-discovery is to take control of the process—and to make sure their outside counsel does the same. E-discovery is a business process that has a very real impact on information governance.

Obligations When Third Parties Control Data

Barry M. Kazan and Emily J. Mathieu of Thompson Hine write: To avoid the problems that arise from the destruction of evidence, companies must ask themselves proactively, “Where’s my data?,” not merely at the outset of a litigation, but in the early stages of any relationships with others who may come to possess materials that companies may later need to preserve, collect and produce.

New Developments in Social Media Discovery in Employment Cases

Evandro C. Gigante and Jacklina A. Len of Proskauer Rose write: With over one billion users on Facebook and the explosion of Twitter and LinkedIn, it is no surprise that social media has become an integral part of the day-to-day lives of employees across the country. As these social media websites have become increasingly popular, courts have continued to address the legal issues raised by social media, particularly in the area of discovery.

FRCP Reform: Prospects for Reducing Disputes and Gamesmanship

Wendy Butler Curtis of Orrick, Herrington & Sutcliffe, Jonathan Palmer of Microsoft Corporation and Siobhan A. Handley of Orrick write: The Advisory Committee on the Federal Rules of Civil Procedure held a series of meetings at the Duke Civil Litigation Conference in 2010 to facilitate greater discussion regarding thematic challenges, proposed solutions and in particular whether further amendments to the Rules were needed to reduce cost and delay in civil litigation. Through these efforts the Advisory Committee drafted, and now presents for comment, proposed amendments to the Rules.