Literature

  • Articles
  • A Day in the Life of a Forensic Examiner (pdf)
    Robert Fried, Forensic Examiner, DOAR Litigation Consulting - May 2007
    Digital forensics involves the identification, collection, documentation, acquisition and analysis of electronic data, in such a way that the integrity of the source media is preserved, as to allow for its admissibility within a court of law.
    A Day in the Life of a Forensic Examiner 01 (pdf)

  • Managing Discovery of Electronic Information (pdf)
    A Pocket Guide for Judges. By Barbara J. Rothstein, Ronald J. Hedges and Elizabeth C. Wiggins. Published by the Federal Judicial Center, 2007.

  • The Human Resources Profession Catalyzes Change to Mitigate Risk: Electronic Discovery, HR Advisor (pdf)
    Information Management and Corporate Culture On-the-Line. DOAR Executive Vice President Paul Neale co-authors.

  • Pulling the Antitrust Fire Alarm: Mock Investigations (pdf)
    DOAR General Counsel Sheldon Greenblatt authored this article for The Antitrust Compliance Bulletin - Legal Developments, Practical Guidance and News Compliance and Ethics Committee ABA Section of Antitrust Law, March 2007.

  • When Less Becomes More: Making the Case for a Discovery Strategy (pdf)
    Written by Anne Kershaw, Esq., an experienced litigation attorney and the founder of A. Kershaw, P.C. // Attorneys & Consultants, this article appeared in "Digital Discovery & e-Evidence," Vol. 7, No. 1, January 2007. It was a feature story in the Vendors & Technology section. "Digital Discovery & e-Evidence" is published by Pike & Fischer, a BNA Company.

  • Hedge Funds: Best Practices for Responding to Government Investigations (pdf)
    The current business environment is characterized by aggressive regulatory enforcement, civil litigation and criminal prosecution involving allegations such as corporate financial fraud and breach of duty by officers and directors. In regards to pending regulations for hedge funds, we will be discussing internal vs. government investigations, protecting evidence, and preparing a uniform defense. The need to understand the regulatory process, internal investigations and the strategies for responding is now more important than ever. This presentation was featured in a webinar presented by DOAR Litigation Consulting, Baker Hostetler LLP and Marcum & Kleigman LLP.

  • Paul Neale's Testimony (pdf)
    On Monday, January 29th, DOAR Executive Vice President Paul Neale testified before the Advisory Committee on Evidence Rules regarding proposed rule FRE 502 regarding privilege.

  • Electronic Discovery Checklist (pdf)
    This useful checklist features important steps that can be taken to ensure litigation readiess under the new Federal Rules of Civil Procedure for discovery.

  • Looking Ahead: What the Proposed SEC Regulations Mean to Hedge Fund Managers (pdf)
    In light of recent publicity surrounding the proposed regulations for registered and unregistered investment advisers — issued in response to the D.C. Circuit Court of Appeals decision in Goldstein v. SEC, which called into question the SEC’s ability to bring enforcement actions under the 1940 Advisers Act — DOAR spoke with an industry expert to obtain an insider’s view on the topic.

  • Paul Neale's Letter to the Committee on Rules of Practice and Procedure (pdf)
    Paul Neale composed the following letter to Mr. Peter G. McCabe, Secretary of the Committee on Rules of Practice and Procedure, regarding the invitation extended to Paul to testify at the Evidence Rule Committee hearing on January 29, 2007 in New York, NY.

  • A Critical Examination of the Need for Litigation Technology in ADR (pdf)
    Traditionally, courtroom technology has been reserved for precisely that — the courtroom.

  • The Next Chapter (pdf)
    Electronic discovery's latest phase poses great risk for firms, clients.

  • Proactive on Backups (pdf)
    Recognizing a significant source of discoverable data.

  • Zubulake V (pdf)
    Latest decision offers guidance on preserving data

  • Managing Data in Response to Regulatory Investigations (pdf)
    Instant access to data has become critical as a result of the recent onslaught of regulatory investigations and related class-action litigation.

  • Regulatory Investigations (pdf)
    Proper steps must be taken to preserve discoverable data.

  •  
  • White Papers
  • Sample Rule 30(b)(6) Deposition Questions (pdf)
    Counsel will have his/her own style for framing questions of the Rule 30(b)(6) deponent. This document contains suggested subject areas to address during deposition.

  • Proposed Model Rule on E-Discovery (pdf)
    Fulbright & Jaworski proposes local rule to the Ninth Circuit and District Courts in the Ninth Circuit

  • The Art of War (pdf)
    Sam Solomon looks at pursuing electronic evidence as part of a corporate opportunity.

  • The Top 10 Challenges & Solutions (pdf)
    Gene Klimov analyses the challenges and solutions in handling electronic evidence successfully.

  • Two Tiers and a Safe Harbor (pdf)
    Ken Withers describes how federal rulemakers are grappling with electronic discovery.

  •  
  • Recent Decisions
  • Hopson v. Baltimore City (pdf)
    Judge Grimm decides on privilege waiver for inadvertent disclosure in this civil case.

  • Zubulake IV (pdf)
    U.S.D.J. Shira A. Scheindlin's opinion and order 02 Civ. 1243 (SAS) Laura Zubulake v. UBS Warburg LLC.

  • Mosaid Technologies Inc. v. Samsung Electronics (pdf)
    Hon. William J. Martini for the USDC for the District of New Jersey.

  • Coleman v. Morgan Stanley (pdf)
    Most recent decision on electronic discovery.

  •  
  • Case Studies
  • Built to last? (pdf)
    In this breach of contract construction case, presided by Judge Gammerman, The New York Times claimed that the defendant, Bovis Lend Lease Corporation, breached its contract in the construction of sewer and fire protection systems at The New Times’ new state-of-the-art printing facility in College Point, Queens. DOAR’s client, Proskauer Rose, helped to prove, through the use of graphic animations, that the defendant failed to ensure that construction crews followed the engineering and architectural plans while building the sewer and fire protection systems.

  • One vs. Two: It’s all about belief. (pdf)
    Wachtell, Lipton, Rosen & Katz, counsel for World Trade Center Properties LLC and Silverstein Properties, successfully argued during the second phase of the trial that the 9/11 terrorist attacks on the World Trade Center towers constituted two separate “occurrences” under the terms of the insurance policies. Nine insurance companies involved in the second phase of the litigation had argued the coordinated attack of two aircraft only constituted one “occurrence” necessitating one payment of $1.1 billion.

  • A service. Just like any other. (pdf)
    Winston & Strawn, counsel for Yahoo! which acquired LAUNCHcast shortly after the lawsuit was filed in 2001, successfully argued that the streaming internet radio application did not infringe the copyrights of music owned by BMG. BMG argued that LAUNCHcast was an interactive service and therefore was not eligible for statutory licensing provided by Congress in the 1998 Digital Millennium Copyright Act. They argued that Yahoo! was liable for $72.2 million dollars in damages.

  • Best offense? Great defense. (pdf)
    Wachtell, Lipton, Rosen & Katz, counsel for Invemed Associates, LLC, successfully defended the company against profit-sharing charges brought by the National Association of Securities Dealers. The NASD Department of Enforcement (DOE) hearing panel exonerated Invemed of all charges that it illegally shared in the profits of its customers in a 94-page decision after an extensive 17-day hearing.