The Judges 031710 3

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  • Recently in Magaña v. Hyundai, the trial court found that Hyundai had willfully violated the discovery rules, its discovery abuses had substantially prejudiced Magaña in preparing for trial and it had spoiled and lost evidence. The judge awarded Jesse Magaña $8 million dollar default judgment against Hyundai as discovery sanction.
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  • The Judges 031710 3

    1. 1. 1© Copyright 2009 EMC Corporation. All rights reserved. The Judges Lay Down the eDiscovery Law
    2. 2. 2© Copyright 2009 EMC Corporation. All rights reserved. Panel Judge Rosenbaum, US District Judge – James Rosenbaum was appointed to the Federal Bench in 1985. He is a leader in courts and law-related technology issues, and has spoken on legal discovery and other issues worldwide. Judge Noel, US Magistrate Judge – Franklin Noel has been a Magistrate Judge for nearly 20 years. He serves on the Court's Federal Practice Committee, routinely decides discovery disputes, and speaks frequently on the topic of electronic discovery. Jake Frazier, MBA, Esq., Sr. Director EMC (Moderator and Author)
    3. 3. 3© Copyright 2009 EMC Corporation. All rights reserved. Topics  LegalTech 2010 take-aways  eDiscovery trends  eDiscovery costs  FRCP 16 - The courts expect companies to be ready for litigation. This includes having fluent knowledge of the IT infrastructure, content repositories and network architecture, so that the pretrial conference leads to consensus on what ESI is discoverable.  Rule 26(b)(2)(B) and California’s Civil Discovery Act – What are reasonable discovery limits?  Judicial Power: FRCP 37 – Pension Committee v Bank of America Securities
    4. 4. 4© Copyright 2009 EMC Corporation. All rights reserved. Q&A Question & Answers EMC SourceOne eDiscovery – Kazeon resources www.kazeon.com/discover

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