Category Archives: Commercial Litigation

The Duty to Preserve & the Spoliation Doctrine in the Maryland State Courts

My article, “The Duty to Preserve ESI (Its Trigger, Scope, and Limit) & the Spoliation Doctrine in Maryland State Courts” was recently published in the University of Baltimore Law Forum, Vol. 45 (2015).  The article discusses Maryland case law addressing … Continue reading

Posted in Commercial Litigation, ESI

Taxation of E-Discovery Costs Under 28 U.S.C. Sec. 1920(4) after Taniguchi v. Kan Pacific Saipan

Note: This post was first published in “The Daily Record” on Aug. 12, 2012.  The original may be viewed by clicking here. * * * * When it comes to electronically stored information (“ESI”), “[t]he fuss is about money.  Discovery … Continue reading

Posted in Commercial Litigation, ESI

Book Review: “Electronic Discovery for Small Cases” (ABA 2012)

Bruce Olson and Tom O’Connor, “Electronic Discovery for Small Cases” (ABA 2012), addresses one of the most important topics in the ESI field, proportionality, in an elegant, clear, and concise manner. Its chief virtue is that, instead of listing a … Continue reading

Posted in Book Reviews, Commercial Litigation, ESI, Software

Mock Rule 26(f) Conference of Parties Posted Online

A mock Rule 26(f) conference of parties has been posted online through the Technology Committee of the Litigation Section of the Maryland State Bar Association. Although much has been written about Rule 26(f) conferences, see, e.g., Chapter 19 in M. … Continue reading

Posted in Commercial Litigation, ESI

What Does “The Making of a Surgeon” Have to Do With ESI and “Software Glitches?”

“The Making of a Surgeon” In 1968, Dr. William A. Nolen wrote “The Making of a Surgeon” (Mid-List Press 1968, 1990): How do you make a surgeon? Not by the preliminaries, the four years of college and four years of … Continue reading

Posted in Commercial Litigation, ESI