Recently by Anthony J. Marchetta
Why Your Data Can Reduce E-Discovery Abuses
Mr. Marchetta practices exclusively in the area of civil trial law. He was a lead trial counsel for W.R. Grace and GAF Corporation in their asbestos litigation and served as national coordinating counsel for a number of major corporations. He has tried numerous cases in state and federal courts...
Read MorePitney Hardin: Building A Platform For A Bright Future
Editor: Would each of you tell our readers something about your professional experience? How has your practice evolved over time? LaFiura: I have been an attorney since 1977, and I have been at Pitney Hardin since 1979, following a clerkship with Judge George H. Barlow, who was a U.S....
Read MoreThe Duty To Preserve Backup Tapes After Zubulake V
The Southern District of New York has been setting standards for electronic discovery since the first Zubulake decision in 2003. In its most recent decision, the court has tackled one of the most difficult issues in electronic discovery: the duty to preserve backup tapes. In Zubulake I, the...
Read MoreElectronic Data Production - Courts Begin To Set Parameters - Part II
Burden v. Probative Value Federal Rule of Civil Procedure 26 grants courts the discretionary authority to balance the burden that a discovery request will have on the producing party against the likely probative value of the material sought. Courts recognize that judicial authority to limit...
Read MoreElectronic Data Production - Courts Begin To Set Parameters - Part I
Part II of this Article, appearing in the February 2004 issue of The Metropolitan Corporate Counsel, will examine cost shifting, burden vs. probative value, and file preservation.Today, almost every corporation conducts a majority of its business in some form of electronic medium. Technology has...
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