March/April 2008

This monthly digest on litigating in an electronic age is brought to you compliments of TGL Media, a provider of hyperlinked briefs and other litigation support. For more information on TGL Media, please click on the links above.

In this issue:

A Library of Resources for using hyperlinked briefs

U.S. Supreme Court Receives Electronic Evidence


In January, the U.S. Supreme Court, in a case stemming from the 1989 Exxon Valdez oil spill in Alaska, received a DVD containing audio and video clips that were part of the court record. The plaintiff is defending a $2.5 billion punitive damages award, and hopes that the evidence, including the drunken captain's distress call to the Coast Guard, will bring "the event back in a way that the written word doesn't always do."


Google To Store Health Records In New Service


Google Inc. will begin storing the medical records of a few thousand people as it tests a long-awaited health service that's likely to raise more concerns about the volume of sensitive information entrusted to the Internet search leader.


Patchwork E-Filing Frustrates Lawyers


When Chicago litigator Victor Henderson sends an assistant to the Cook County Courthouse in Chicago to retrieve a filing, he hopes for a bit of luck. That's why Henderson is leading the Chicago Bar Association in an effort to have Cook County Circuit Court make case files accessible on the Internet. And he's not alone.

Expert Testimony May Be Needed For E-Discovery Keyword Searches

Link: BlogSpot

In February 2008, a U.S. Magistrate Judge issued a decision that may add to the already expensive process of electronic data discovery in litigation. Now expert testimony may be required to determine the adequacy of keyword search terms used to identify and produce electronically stored information.


Court Finds Deleted Email "Not Reasonably Accessible"
Link: EDiscoveryLaw

The U.S. District Court for the Northern District of Georgia recently determined that a company's deleted emails were not "reasonably accessible" because of undue cost. The court noted, "While deleted e-mails can be retrieved from back-up tapes, after these 8 or 10 day periods, the costs to do so are very high. . . . The cost of retrieving about two years' worth of e-mails for one employee is approximately $79,300."


Top Lawyer Wins Clients With Her Homey Touch

Link:  The Spoof

A lawyer who worked for a greeting card company before going to law school has discovered that her skills annoy some of her fellow lawyers. "Gwen gets clients by being nice to people," says a lawyer who has butted heads with her in the past. "I'm not sure that's entirely ethical."

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