E-Discovery in the State Courts: Case Law and Rules Developments

Tuesday, May 3, 2011 - 1:00pm to 2:30pm

E-discovery rules and practice vary widely from state to state. While many states - like New Jersey - have adopted part or all of the 2006 amendments to the Federal Rules of Civil Procedure, other states - like California - have chosen to formulate their own rules, and some states - like Illinois - have decided to adopt no rules explicitly addressing the discovery of electronically stored information. Still others - like Texas - have taken multiple approaches, adopting unique rules but interpreting them with reference to the federal rules.
To guide us through this thicket, The Sedona Conference® has assembled an expert panel with first-hand experience in their home states, as well as a national view. Tom Allman regularly reports on state e-discovery rules developments to members of Working Group 1 of The Sedona Conference® and to members of the Lawyers for Civil Justice. Attorney Maura Grossman has been active in New York state rules deliberations. Retired Florida state court Judge Ralph Artigliere remains active in judicial education and state rulemaking on e-discovery issues, and Vice Chancellor Don Parsons of Delaware, who is also President of the American College of Business Court Judges, has rendered several e-discovery opinions.
In this 90-minute webinar, we will provide a round-up of state rulemaking developments; discuss some important state court decisions that have been rendered in the past year; look closely at recent activities in New York, Florida, and Delaware; and discuss the efficacy of privilege non-waiver rules being adopted in the wake of Federal Rule of Evidence 502. The expert panel will also answer your questions.
$79 Working Group Members of The Sedona Conference®
$99 General Public
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How are the federal e-discovery rules faring in state courts?

Which states are adopting their own unique approaches to e-discovery?

What have been state court approaches to preservation and spoliation?

What have been state court approaches to proportionality, cooperation and judicial case management?

What have been state court approaches to privilege waiver and Federal Rule of Evidence 502?