Category Archives: US

electronic discovery vs computer forensics & beyond…

My research for my dissertation finished last week. I will continue to post articles which I’ve collected and will also continue with my interests in international arbitration and ediscovery/edisclosure. An article on ediscovery vs computer forensics. I will be exploring, ‘IT containment’ or ‘Data Retention’ and International rules/laws on documentary evidence. After reflection, (from my [...]

New York, New York

Finished my dissertation on 27th January! Then off I went to NY. Met up with old friends and also found new friends at the Juris Conference: Electronic Disclosure in International Arbitration. Now back in London and went for a job interview today?! Any other offers? Had the famous ‘juniors’ cheese cakes at the Grand Central [...]

Electronic Discovery In Arbitration: Privilege Issues and Spoliation of Evidence

Warshauer, Irene C “Electronic Discovery In Arbitration: Privilege Issues and Spoliation of Evidence“. Dispute Resolution Journal. Nov 2006-Jan 2007. FindArticles.com. 09 Nov. 2007.

A need for an ‘express guide on electronic documents’?

Two statements in the Electronic Discovery In International Arbitration article grabbed my attention; ‘parties are disclosing electronic information both voluntarily and when compelled to do so during discovery’ and also‘that parties to international arbitration are probably treating e-mail and other electronic information like paper documents, with no attention to the implications that the electronic nature [...]

Last Year news – still a struggle

One year after FRCP, struggles continue with e-discovery By Beth Pariseau, News Writer 19 Dec 2007 | SearchStorage.com article

Electronic Evidence: Disclosure, Discovery & Admissibility

A Book on Electronic Evidence: Disclosure, Discovery & Admissibility General Editor: Stephen Mason with specialist contributors 1st Edition 2007, LexisNexis Butterworths A decent textbook of legal principles (mainly common law jurisdictions) and a fair selection of chapters/articles on digital evidence.

a critically important and evolving field in international arbitration

Electronic Evidence and Disclosure in International Arbitration New York City 31 January 2008. The jurisconferences seminar ‘recognizes the harsh reality of the problems presented by the creation and maintenance of electronic data in international business transactions and provides a forum for discussion by the leading experts in the electronic data field of how best to [...]

WHERE NEITHER THE IBA RULES NOR U.S. LITIGATION PRINCIPLES ARE ENOUGH

…electronic discovery is already happening also– to a limited extent–in international arbitration and neither the IBA Rules nor US litigation principles are enough. According to a featured international article‘, ‘ELECTRONIC DISCOVERY IN INTERNATIONAL ARBITRATION: WHERE NEITHER THE IBA RULES NOR U.S. LITIGATION PRINCIPLES ARE ENOUGH ‘by Jonathan L. Frank, Julie Bédard, Dispute Resolution Journal, November, [...]

Zubulake v. UBS Warburg (2003)

The landmark case of Zubulake v UBS Warburg. Zubulake which highlights the issues with electronic discovery. Articles and links available on the site krollontrack

Electronic Discovery Reference Model (EDRM) Project

The EDRM Project was conceived well before the ediscovery/edisclosure rules. According to the information on the EDRM site ..Launched in May 2005, the Electronic Discovery Reference Model (EDRM) Project was created to address the lack of standards and guidelines in the electronic discovery market – a problem identified in the 2003 and 2004 Socha-Gelbmann Electronic [...]