Category Archives: ESI

Recent developments regarding ESI

Mock Rule 26(f) Conference of Parties Posted Online

Posted on August 7, 2011 by Michael D. Berman

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

American Bar Assoc., Publishes Berman, et al., Managing E-Discovery and ESI

Posted on July 30, 2011 by Michael D. Berman

The American Bar Association has  published M. Berman, C. Barton, and P. Grimm, eds., Managing E-Discovery and ESI: From Pre-Litigation Through Trial.  The 761-page work features chapters by The Hon. Paul W. Grimm (D.Md.), The Hon. John M. Facciola (D.D.C.),  … Continue reading →

Posted in ESI

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

Posted on July 15, 2011 by Michael D. Berman

“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

Proportionality in Government e-Discovery – June 2011 IQPC Presentation

Posted on June 30, 2011 by Michael D. Berman

Government litigants have an enormous impact on civil litigation. Because the United States is the most frequent and successful litigant in the federal courts, the federal government as a litigant plays “a central role in the development of law and … Continue reading →

Posted in Commercial Litigation, ESI

Self-Identification and Self-Preservation: A Fool for a Client?

Posted on May 26, 2011 by Michael D. Berman

“Self-preservation” is the ESI equivalent of “do-it-yourself” home repair.  If successful, it can save money.  If not, it can lead to bigger problems.  Recent decisions arising out of self-preservation disasters have posed the question of whether it is ever a … Continue reading →

Posted in Commercial Litigation, ESI