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Full-Text Articles in Physical Sciences and Mathematics
Zubulake: The Catalyst For Change In Ediscovery, Penny Herickhoff, Vicki M. Luoma
Zubulake: The Catalyst For Change In Ediscovery, Penny Herickhoff, Vicki M. Luoma
Australian Digital Forensics Conference
Common law countries have been struggling with electronic data in regard to their discovery rules from the first digital document. All major common law countries, including Australia, New Zealand, Australia, United Kingdom, Canada, South Africa and the United States have recently changed their rules of discovery in an attempt to make sense of all this data and determine what, when and how data should be disclosed by parties in litigation. Case law in these countries has been defining the responsibilities of potential parties and attorneys to prepare for litigation that might happen. The case that was the catalyst of change …
Qualcomm V. Broadcom: Implications For Electronic Discovery, Milton H. Luoma, Vicki M. Luoma
Qualcomm V. Broadcom: Implications For Electronic Discovery, Milton H. Luoma, Vicki M. Luoma
Australian Digital Forensics Conference
Electronic discovery has been the source of difficult challenges for courts, lawyers, and litigants from the beginning. The methods, document formats, and scope of electronic discovery have all contributed to the difficulties encountered. The seminal case in the United States that underscores the nature of the difficulties and challenges facing lawyers and courts in electronic discovery is Qualcomm v. Broadcom. While the case has been cited as an example of the ethical issues facing lawyers who do not follow the rules of discovery, the lessons go well beyond ethical issues. All major common law countries, including Australia, New Zealand, United …