EDD: Issues, Law, and Solutions: Giving Thanks this Week and Beyond

Wednesday, November 25, 2009

Giving Thanks this Week and Beyond

So another Thanksgiving is upon us and here at the Wilson household we are celebrating with family and friends over 3 days from Richmond to Roanoke and ending up Saturday at the UVA vs Va Tech football game in Charlottesville. Enjoying friendship and fellowship, catching up with family, and reflecting on the shared joys of life are enough to make me lose sleep at night in anticipation of this weekend. I expect there will be some somber moments this weekend as well as we reflect on those friends and family who are no longer with us and try to draw strength remembering the love and joy and laughter we shared. "count your blessings"!

On December 3rd my oldest son Austin turns 14. I'm proud of him in many ways but I give special thanks and realized how lucky I am again this week - when he asked if i could facilitate his 3rd annual football game to raise money for the Central Virginia Foodbank
The concept is simple - 24 of his middle school friends gather to play football (mudball?) and instead of bringing presents for Austin - the bring donations in the form of $$ and canned goods to donate to the food bank. He started this when he was 11 and its become a tradition that I am profoundly proud of. His awareness and generosity will serve him well in the future.

Should you feel so inclined Austion would welcome your donation to food bank either with food or a monetary donation, or heck just send him a note enforcing his generosity and good will @ footba10363@gmail.com

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1. Electronically stored information is potentially discoverable under Fed. R. Civ. P. 34 or its state equivalents. Organizations must properly preserve electronically stored information that can reasonably be anticipated to be relevant to litigation.
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4. Discovery requests for electronically stored information should be as clear as possible, while responses and objections to discovery should disclose the scope and limits of the production.
5. The obligation to preserve electronically stored information requires reasonable and good faith efforts to retain information that may be relevant to pending or threatened litigation. However, it is unreasonable to expect parties to take every conceivable step to preserve all potentially relevant electronically stored information.
6. Responding parties are best situated to evaluate the procedures, methodologies, and technologies appropriate for preserving and producing their own electronically stored information.
7. The requesting party has the burden on a motion to compel to show that the responding party’s steps to preserve and produce relevant electronically stored information were inadequate.
8. The primary source of electronically stored information for production should be active data and information. Resort to disaster recovery backup tapes and other sources of electronically stored information that are not reasonably accessible requires the requesting party to demonstrate need and relevance that outweigh the costs and burdens of retrieving and processing the electronically stored information from such sources, including the disruption of business and information management activities.
9. Absent a showing of special need and relevance, a responding party should not be required to preserve, review, or produce deleted, shadowed, fragmented, or residual electronically stored information.
10. A responding party should follow reasonable procedures to protect privileges and objections in connection with the production of electronically stored information.
11. A responding party may satisfy its good faith obligation to preserve and produce relevant electronically stored information by using electronic tools and processes, such as data sampling, searching, or the use of selection criteria, to identify data reasonably likely to contain relevant information.
12. Absent party agreement or court order specifying the form or forms of production, production should be made in the form or forms in which the information is ordinarily maintained or in a reasonably usable form, taking into account the need to produce reasonably accessible metadata that will enable the receiving party to have the same ability to access, search, and display the information as the producing party where appropriate or necessary in light of the nature of the information and the needs of the case.
13. Absent a specific objection, party agreement or court order, the reasonable costs of retrieving and reviewing electronically stored information should be borne by the responding party, unless the information sought is not reasonably available to the responding party in the ordinary course of business. If the information sought is not reasonably available to the responding party in the ordinary course of business, then, absent special circumstances, the costs of retrieving and reviewing such electronic information may be shared by or shifted to the requesting party.
14. Sanctions, including spoliation ﬁndings, should be considered by the court only if it finds that there was a clear duty to preserve, a culpable failure to preserve and produce relevant electronically stored information, and a reasonable probability that the loss of the evidence has materially prejudiced the adverse party.
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