Empathy List Archives

M

mromm (at) rommlaw.com

Fri, Aug 17, 2012 5:19 AM

Fellow Members: I recently read in an ACEDS article about the following: Did you know that there is a law firm in California that is now being sued for malpractice due to an E-Discovery screw up? The case involves allegations that J-M Manufacturing Co., of Los Angeles, through its former lawyers at McDermott Will & Emery and e-discovery service providers, Navigant and Stratify, repeatedly disclosed nearly 4,000 privileged documents to adversaries and the US government in a federal False Claims Act lawsuit. Who thinks that under 502 these inadvertant disclosures will be recovered by the Clawback Rule? Judge Wu issued an opinion which is attached.

This case led me to thinking about Florida's new E-Discovery Rules:

Florida's new E-Discovery Rules take effect on September 1, 2012. I know of several larger law firms that have already assembled their E-Discovery Committees, developed internal practices and procedures, created E-Discovery Compliance Checklists, E-discovery litigation forms for use in litigation, fine tuned their litigation hold letters; and they have already retained or interviewed third party vendors. In the case of the smaller firms, such as my solo law practice, I have also convened an E-Discovery Committee, but mine is a committee of 1 (me).

I am sure there are a number of CLC Members who have a similarly sized law firm. I met with myself and voted unanimously to create internal practices and procedures to comply with the new E-Discovery Rules, create compliance checklists and E-Discovery litigation forms, etc. However, I would welcome and appreciate the benefit of any firm that has prepared any documentation related to E-Discovery that they might be willing to share with our committee. For example:

Litigation hold letter forms (to our own clients and a different form to the opposing party).
E-Discovery compliance Checklist
E-Discovery Compliance Forms such as:

A. a new form for a Request for Production of Documents that specifically addresses the following:

(a) emails

(b) duplication

(c) de-duplication

(d) Twitter

(e) Facebook

(f) PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's (federal and state courts have already ruled these are all fair game);

(g) production format? with or without source and header information? metadata, etc.

(h) Text Messages

(i) Etc.

Because emails and text messages are so easy to use and expedite communications, people tend to be less formal about what they say in an email or a text. If you think discovery concerning this type of communication is not crucial, just ask any one of the 85,000 people employed worldwide at the prestigious accounting firm of Arthur Andersen! OOOps. You can't ask them! They all lost their jobs! As discussed in a recent Florida Bar Journal article: "The classic example is Arthur Andersen's shredding of Enron-related documents. Several e-mails by Andersen's employees candidly remarked and joked about the shredding of thousands of crucial auditing materials. The result: Those e-mails surfaced, and today Andersen no longer exists".

Thanks in advance to anyone who contributes!. Michael Romm

Michael Romm

Michael R. Romm, P.A.

1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020

Phone: (954) 557-8002

Fax: (954) 208-0022

mromm@rommlaw.com

AD

Arnold D. Tritt, Jr.

Fri, Aug 17, 2012 2:07 PM

CLC Gang: I smell a new CLC subcommittee with Michael being its Chair. Does anyone disagree?

Also, who else in the CLC would like to serve on this new subcommittee? Seems like a great opportunity for folks to get involved?

Please respond to directly to me at Arnold.Tritt@atritt.com (and not the ListServ).

Thanks, Arnie.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com
Sent: Friday, August 17, 2012 1:19 AM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C OV E R Y starts September 1....

Fellow Members: I recently read in an ACEDS article about the following: Did you know that there is a law firm in California that is now being sued for malpractice due to an E-Discovery screw up? The case involves allegations that J-M Manufacturing Co., of Los Angeles, through its former lawyers at McDermott Will & Emery and e-discovery service providers, Navigant and Stratify, repeatedly disclosed nearly 4,000 privileged documents to adversaries and the US government in a federal False Claims Act lawsuit. Who thinks that under 502 these inadvertant disclosures will be recovered by the Clawback Rule? Judge Wu issued an opinion which is attached.

This case led me to thinking about Florida's new E-Discovery Rules:

Florida's new E-Discovery Rules take effect on September 1, 2012. I know of several larger law firms that have already assembled their E-Discovery Committees, developed internal practices and procedures, created E-Discovery Compliance Checklists, E-discovery litigation forms for use in litigation, fine tuned their litigation hold letters; and they have already retained or interviewed third party vendors. In the case of the smaller firms, such as my solo law practice, I have also convened an E-Discovery Committee, but mine is a committee of 1 (me).

I am sure there are a number of CLC Members who have a similarly sized law firm. I met with myself and voted unanimously to create internal practices and procedures to comply with the new E-Discovery Rules, create compliance checklists and E-Discovery litigation forms, etc. However, I would welcome and appreciate the benefit of any firm that has prepared any documentation related to E-Discovery that they might be willing to share with our committee. For example:

Litigation hold letter forms (to our own clients and a different form to the opposing party).
E-Discovery compliance Checklist
E-Discovery Compliance Forms such as:

A. a new form for a Request for Production of Documents that specifically addresses the following:

(a) emails

(b) duplication

(c) de-duplication

(d) Twitter

(e) Facebook

(f) PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's (federal and state courts have already ruled these are all fair game);

(g) production format? with or without source and header information? metadata, etc.

(h) Text Messages

(i) Etc.

Because emails and text messages are so easy to use and expedite communications, people tend to be less formal about what they say in an email or a text. If you think discovery concerning this type of communication is not crucial, just ask any one of the 85,000 people employed worldwide at the prestigious accounting firm of Arthur Andersen! OOOps. You can't ask them! They all lost their jobs! As discussed in a recent Florida Bar Journal article: "The classic example is Arthur Andersen's shredding of Enron-related documents. Several e-mails by Andersen's employees candidly remarked and joked about the shredding of thousands of crucial auditing materials. The result: Those e-mails surfaced, and today Andersen no longer exists".

Thanks in advance to anyone who contributes!. Michael Romm

Michael Romm

Michael R. Romm, P.A.

1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020

Phone: (954) 557-8002

Fax: (954) 208-0022

mromm@rommlaw.com

Arnold D. Tritt, Jr.
Board Certified Construction Attorney

707 Peninsular Place
Jacksonville, Florida 32204
Phone (904) 354-5200
Facsimile (904) 354-5256
Arnold.Tritt@atritt.com
www.atritt.com

CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients . If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited . If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise . Unauthorized interception of this e-mail is a violation of federal criminal law.

TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

Disclaimer regarding Uniform Electronic Transactions Act (“UETA”) (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

CLC Gang: I smell a new CLC subcommittee with Michael being its Chair. Does anyone disagree? Also, who else in the CLC would like to serve on this new subcommittee? Seems like a great opportunity for folks to get involved? Please respond to directly to me at Arnold.Tritt@atritt.com (and not the ListServ). Thanks, Arnie. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com Sent: Friday, August 17, 2012 1:19 AM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C OV E R Y starts September 1.... Fellow Members: I recently read in an ACEDS article about the following: Did you know that there is a law firm in California that is now being sued for malpractice due to an E-Discovery screw up? The case involves allegations that J-M Manufacturing Co., of Los Angeles, through its former lawyers at McDermott Will & Emery and e-discovery service providers, Navigant and Stratify, repeatedly disclosed nearly 4,000 privileged documents to adversaries and the US government in a federal False Claims Act lawsuit. Who thinks that under 502 these inadvertant disclosures will be recovered by the Clawback Rule? Judge Wu issued an opinion which is attached. This case led me to thinking about Florida's new E-Discovery Rules: Florida's new E-Discovery Rules take effect on September 1, 2012. I know of several larger law firms that have already assembled their E-Discovery Committees, developed internal practices and procedures, created E-Discovery Compliance Checklists, E-discovery litigation forms for use in litigation, fine tuned their litigation hold letters; and they have already retained or interviewed third party vendors. In the case of the smaller firms, such as my solo law practice, I have also convened an E-Discovery Committee, but mine is a committee of 1 (me). I am sure there are a number of CLC Members who have a similarly sized law firm. I met with myself and voted unanimously to create internal practices and procedures to comply with the new E-Discovery Rules, create compliance checklists and E-Discovery litigation forms, etc. However, I would welcome and appreciate the benefit of any firm that has prepared any documentation related to E-Discovery that they might be willing to share with our committee. For example: 1. Litigation hold letter forms (to our own clients and a different form to the opposing party). 2. E-Discovery compliance Checklist 3. E-Discovery Compliance Forms such as: A. a new form for a Request for Production of Documents that specifically addresses the following: (a) emails (b) duplication (c) de-duplication (d) Twitter (e) Facebook (f) PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's (federal and state courts have already ruled these are all fair game); (g) production format? with or without source and header information? metadata, etc. (h) Text Messages (i) Etc. Because emails and text messages are so easy to use and expedite communications, people tend to be less formal about what they say in an email or a text. If you think discovery concerning this type of communication is not crucial, just ask any one of the 85,000 people employed worldwide at the prestigious accounting firm of Arthur Andersen! OOOps. You can't ask them! They all lost their jobs! As discussed in a recent Florida Bar Journal article: "The classic example is Arthur Andersen's shredding of Enron-related documents. Several e-mails by Andersen's employees candidly remarked and joked about the shredding of thousands of crucial auditing materials. The result: Those e-mails surfaced, and today Andersen no longer exists". Thanks in advance to anyone who contributes!. Michael Romm Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com Arnold D. Tritt, Jr. Board Certified Construction Attorney 707 Peninsular Place Jacksonville, Florida 32204 Phone (904) 354-5200 Facsimile (904) 354-5256 Arnold.Tritt@atritt.com www.atritt.com CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of intended recipients . If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited . If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise . Unauthorized interception of this e-mail is a violation of federal criminal law. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that maybe imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Disclaimer regarding Uniform Electronic Transactions Act (“UETA”) (Florida Statutes Section 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

DG

Daniel Greene

Fri, Aug 17, 2012 5:38 PM

All:

Michael suggested I pass this on to everyone. It was what he was looking for.

I told Michael to check the Ontario Bar Association web-site. Their E-discovery forms and information are very useful.

Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.com
dangreenelaw@yahoo.com
dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

From: "mromm@rommlaw.com" mromm@rommlaw.com
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Friday, August 17, 2012 1:19 AM
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C O V E R Y starts September 1....

Fellow Members: I recently read in an ACEDS article about the following: Did you know that there is a law firm in California that is now being sued for malpractice due to an E-Discovery screw up? The case involves allegations that J-M Manufacturing Co., of Los Angeles, through its former lawyers at McDermott Will & Emery and e-discovery service providers, Navigant and Stratify, repeatedly disclosed nearly 4,000 privileged documents to adversaries and the US government in a federal False Claims Act lawsuit. Who thinks that under 502 these inadvertant disclosures will be recovered by the Clawback Rule? Judge Wu issued an opinion which is attached.
This case led me to thinking about Florida's new E-Discovery Rules:
Florida's new E-Discovery Rules take effect on September 1, 2012. I know of several larger law firms that have already assembled their E-Discovery Committees, developed internal practices and procedures, created E-Discovery Compliance Checklists, E-discovery litigation forms for use in litigation, fine tuned their litigation hold letters; and they have already retained or interviewed third party vendors. In the case of the smaller firms, such as my solo law practice, I have also convened an E-Discovery Committee, but mine is a committee of 1 (me).
I am sure there are a number of CLC Members who have a similarly sized law firm. I met with myself and voted unanimously to create internal practices and procedures to comply with the new E-Discovery Rules, create compliance checklists and E-Discovery litigation forms, etc. However, I would welcome and appreciate the benefit of any firm that has prepared any documentation related to E-Discovery that they might be willing to share with our committee. For example:

Litigation hold letter forms (to our own clients and a different form to the opposing party).
E-Discovery compliance Checklist
E-Discovery Compliance Forms such as:
A. a new form for a Request for Production of Documents that specifically addresses the following:

(a) emails
(b) duplication
(c) de-duplication
(d) Twitter
(e) Facebook
(f) PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's (federal and state courts have already ruled these are all fair game);
(g) production format? with or without source and header information? metadata, etc.
(h) Text Messages
(i) Etc.

Because emails and text messages are so easy to use and expedite communications, people tend to be less formal about what they say in an email or a text. If you think discovery concerning this type of communication is not crucial, just ask any one of the 85,000 people employed worldwide at the prestigious accounting firm of Arthur Andersen! OOOps. You can't ask them! They all lost their jobs! As discussed in a recent Florida Bar Journal article: "The classic example is Arthur Andersen's shredding of Enron-related documents. Several e-mails by Andersen's employees candidly remarked and joked about the shredding of thousands of crucial auditing materials. The result: Those e-mails surfaced, and today Andersen no longer exists".

Thanks in advance to anyone who contributes!. Michael Romm

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax: (954) 208-0022
mromm@rommlaw.com

constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw

All: Michael suggested I pass this on to everyone. It was what he was looking for. I told Michael to check the Ontario Bar Association web-site. Their E-discovery forms and information are very useful. Best regards, Daniel Greene Daniel M. Greene, P.A. Florida Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil and Appellate Mediator P.O. Box 3092 Orlando, FL 32802-3092 407-448-5391 www.dangreenelaw.com dangreenelaw@yahoo.com dangreenelaw@gmail.com To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. ___________ NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege. ________________________________ From: "mromm@rommlaw.com" <mromm@rommlaw.com> To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org> Sent: Friday, August 17, 2012 1:19 AM Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C O V E R Y starts September 1.... Fellow Members: I recently read in an ACEDS article about the following: Did you know that there is a law firm in California that is now being sued for malpractice due to an E-Discovery screw up? The case involves allegations that J-M Manufacturing Co., of Los Angeles, through its former lawyers at McDermott Will & Emery and e-discovery service providers, Navigant and Stratify, repeatedly disclosed nearly 4,000 privileged documents to adversaries and the US government in a federal False Claims Act lawsuit. Who thinks that under 502 these inadvertant disclosures will be recovered by the Clawback Rule? Judge Wu issued an opinion which is attached. This case led me to thinking about Florida's new E-Discovery Rules: Florida's new E-Discovery Rules take effect on September 1, 2012. I know of several larger law firms that have already assembled their E-Discovery Committees, developed internal practices and procedures, created E-Discovery Compliance Checklists, E-discovery litigation forms for use in litigation, fine tuned their litigation hold letters; and they have already retained or interviewed third party vendors. In the case of the smaller firms, such as my solo law practice, I have also convened an E-Discovery Committee, but mine is a committee of 1 (me). I am sure there are a number of CLC Members who have a similarly sized law firm. I met with myself and voted unanimously to create internal practices and procedures to comply with the new E-Discovery Rules, create compliance checklists and E-Discovery litigation forms, etc. However, I would welcome and appreciate the benefit of any firm that has prepared any documentation related to E-Discovery that they might be willing to share with our committee. For example: 1. Litigation hold letter forms (to our own clients and a different form to the opposing party). 2. E-Discovery compliance Checklist 3. E-Discovery Compliance Forms such as: A. a new form for a Request for Production of Documents that specifically addresses the following: (a) emails (b) duplication (c) de-duplication (d) Twitter (e) Facebook (f) PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's (federal and state courts have already ruled these are all fair game); (g) production format? with or without source and header information? metadata, etc. (h) Text Messages (i) Etc. Because emails and text messages are so easy to use and expedite communications, people tend to be less formal about what they say in an email or a text. If you think discovery concerning this type of communication is not crucial, just ask any one of the 85,000 people employed worldwide at the prestigious accounting firm of Arthur Andersen! OOOps. You can't ask them! They all lost their jobs! As discussed in a recent Florida Bar Journal article: "The classic example is Arthur Andersen's shredding of Enron-related documents. Several e-mails by Andersen's employees candidly remarked and joked about the shredding of thousands of crucial auditing materials. The result: Those e-mails surfaced, and today Andersen no longer exists". Thanks in advance to anyone who contributes!. Michael Romm Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/constructionlaw

AP

Adair, Perry

Fri, Aug 17, 2012 5:50 PM

I (along with Dan DeSouza of our firm) have lectured several times on
the new Florida rules and eDiscovery matters.

Happy to put on something for this group if there is interest.

It is a topic that every attorney doing any kind of civil litigation
needs to know something about.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Daniel Greene
Sent: Friday, August 17, 2012 1:38 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S
C OV E R Y starts September 1....

All:

Michael suggested I pass this on to everyone. It was what he was looking
for.

I told Michael to check the Ontario Bar Association web-site. Their
E-discovery forms and information are very useful.

Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.com
dangreenelaw@yahoo.com
dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec.
10.35), we inform you that any tax advice contained in this
correspondence was not intended or written by us to be used, and cannot
be used by you or anyone else, for the purpose of avoiding penalties
imposed by the Internal Revenue Code.

Perry M. Adair
Attorney/Managing Shareholder
Becker & Poliakoff, P.A.
Alhambra Towers
121 Alhambra Plaza, 10th Floor
Coral Gables, FL 33134

305.260.1016 Phone
305.442.2232 Fax

PAdair@becker-poliakoff.com
http://www.becker-poliakoff.com

Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for
the recipient(s)only. If you received this e-mail in error, please
notify the sender immediately, delete the e-mail and do not copy or
disclose it. If you are not an existing client, do not construe anything
in this e-mail to make you a client unless it contains a specific
statement to that effect and do not disclose anything to Daniel M.
Greene, P.A. that you expect to be confidential. If you properly
received this e-mail as a client, co-counsel or retained expert, you
should maintain its contents in confidence to preserve the
attorney-client or work product privilege.

From: "mromm@rommlaw.com" mromm@rommlaw.com
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Friday, August 17, 2012 1:19 AM
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S
C O V E R Y starts September 1....

Fellow Members: I recently read in an ACEDS article about the
following: Did you know that there is a law firm in California that is
now being sued for malpractice due to an E-Discovery screw up? The
case involves allegations that J-M Manufacturing Co., of Los Angeles,
through its former lawyers at McDermott Will & Emery and e-discovery
service providers, Navigant and Stratify, repeatedly disclosed nearly
4,000 privileged documents to adversaries and the US government in a
federal False Claims Act lawsuit. Who thinks that under 502 these
inadvertant disclosures will be recovered by the Clawback Rule? Judge
Wu issued an opinion which is attached.

This case led me to thinking about Florida's new E-Discovery Rules:

Florida's new E-Discovery Rules take effect on September 1, 2012. I
know of several larger law firms that have already assembled their
E-Discovery Committees, developed internal practices and procedures,
created E-Discovery Compliance Checklists, E-discovery litigation forms
for use in litigation, fine tuned their litigation hold letters; and
they have already retained or interviewed third party vendors. In the
case of the smaller firms, such as my solo law practice, I have also
convened an E-Discovery Committee, but mine is a committee of 1 (me).

I am sure there are a number of CLC Members who have a similarly sized
law firm. I met with myself and voted unanimously to create internal
practices and procedures to comply with the new E-Discovery Rules,
create compliance checklists and E-Discovery litigation forms, etc.
However, I would welcome and appreciate the benefit of any firm that has
prepared any documentation related to E-Discovery that they might be
willing to share with our committee. For example:

Litigation hold letter forms (to our own clients and a different
form to the opposing party).
E-Discovery compliance Checklist
E-Discovery Compliance Forms such as:

A. a new form for a Request for Production of Documents that
specifically addresses the following:

(a) emails

(b) duplication

(c) de-duplication

(d) Twitter

(e) Facebook

(f) PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's
(federal and state courts have already ruled these are
all fair game);

(g) production format? with or without source and header
information? metadata, etc.

(h) Text Messages

(i) Etc.

Because emails and text messages are so easy to use and expedite
communications, people tend to be less formal about what they say in an
email or a text. If you think discovery concerning this type of
communication is not crucial, just ask any one of the 85,000 people
employed worldwide at the prestigious accounting firm of Arthur
Andersen! OOOps. You can't ask them! They all lost their jobs! As
discussed in a recent Florida Bar Journal article: "The classic example
is Arthur Andersen's shredding of Enron-related documents. Several
e-mails by Andersen's employees candidly remarked and joked about the
shredding of thousands of crucial auditing materials. The result: Those
e-mails surfaced, and today Andersen no longer exists".

Thanks in advance to anyone who contributes!. Michael Romm

Michael Romm

Michael R. Romm, P.A.

1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020

Phone: (954) 557-8002

Fax: (954) 208-0022

mromm@rommlaw.com

constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw

I (along with Dan DeSouza of our firm) have lectured several times on the new Florida rules and eDiscovery matters. Happy to put on something for this group if there is interest. It is a topic that every attorney doing any kind of civil litigation needs to know something about. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Greene Sent: Friday, August 17, 2012 1:38 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C OV E R Y starts September 1.... All: Michael suggested I pass this on to everyone. It was what he was looking for. I told Michael to check the Ontario Bar Association web-site. Their E-discovery forms and information are very useful. Best regards, Daniel Greene Daniel M. Greene, P.A. Florida Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil and Appellate Mediator P.O. Box 3092 Orlando, FL 32802-3092 407-448-5391 www.dangreenelaw.com dangreenelaw@yahoo.com dangreenelaw@gmail.com To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. Perry M. Adair Attorney/Managing Shareholder Becker & Poliakoff, P.A. Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1016 Phone 305.442.2232 Fax PAdair@becker-poliakoff.com http://www.becker-poliakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com. ___________ NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege. From: "mromm@rommlaw.com" <mromm@rommlaw.com> To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org> Sent: Friday, August 17, 2012 1:19 AM Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C O V E R Y starts September 1.... Fellow Members: I recently read in an ACEDS article about the following: Did you know that there is a law firm in California that is now being sued for malpractice due to an E-Discovery screw up? The case involves allegations that J-M Manufacturing Co., of Los Angeles, through its former lawyers at McDermott Will & Emery and e-discovery service providers, Navigant and Stratify, repeatedly disclosed nearly 4,000 privileged documents to adversaries and the US government in a federal False Claims Act lawsuit. Who thinks that under 502 these inadvertant disclosures will be recovered by the Clawback Rule? Judge Wu issued an opinion which is attached. This case led me to thinking about Florida's new E-Discovery Rules: Florida's new E-Discovery Rules take effect on September 1, 2012. I know of several larger law firms that have already assembled their E-Discovery Committees, developed internal practices and procedures, created E-Discovery Compliance Checklists, E-discovery litigation forms for use in litigation, fine tuned their litigation hold letters; and they have already retained or interviewed third party vendors. In the case of the smaller firms, such as my solo law practice, I have also convened an E-Discovery Committee, but mine is a committee of 1 (me). I am sure there are a number of CLC Members who have a similarly sized law firm. I met with myself and voted unanimously to create internal practices and procedures to comply with the new E-Discovery Rules, create compliance checklists and E-Discovery litigation forms, etc. However, I would welcome and appreciate the benefit of any firm that has prepared any documentation related to E-Discovery that they might be willing to share with our committee. For example: 1. Litigation hold letter forms (to our own clients and a different form to the opposing party). 2. E-Discovery compliance Checklist 3. E-Discovery Compliance Forms such as: A. a new form for a Request for Production of Documents that specifically addresses the following: (a) emails (b) duplication (c) de-duplication (d) Twitter (e) Facebook (f) PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's (federal and state courts have already ruled these are all fair game); (g) production format? with or without source and header information? metadata, etc. (h) Text Messages (i) Etc. Because emails and text messages are so easy to use and expedite communications, people tend to be less formal about what they say in an email or a text. If you think discovery concerning this type of communication is not crucial, just ask any one of the 85,000 people employed worldwide at the prestigious accounting firm of Arthur Andersen! OOOps. You can't ask them! They all lost their jobs! As discussed in a recent Florida Bar Journal article: "The classic example is Arthur Andersen's shredding of Enron-related documents. Several e-mails by Andersen's employees candidly remarked and joked about the shredding of thousands of crucial auditing materials. The result: Those e-mails surfaced, and today Andersen no longer exists". Thanks in advance to anyone who contributes!. Michael Romm Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/constructionlaw

FB

Fred Barnes

Fri, Aug 17, 2012 6:08 PM

There is definitely interest.

FREDERICK C. BARNES, ESQ.

500 North Maitland Avenue, Suite 305

Maitland, Florida 32751

Telephone: 407-865-9200

Facsimile: 407-865-9209

mailto:www.fcbarneslaw.com www.fcbarneslaw.com

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Adair, Perry
Sent: Friday, August 17, 2012 1:51 PM
To: Daniel Greene; RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C OV E R Y starts September 1....

I (along with Dan DeSouza of our firm) have lectured several times on the new Florida rules and eDiscovery matters.

Happy to put on something for this group if there is interest.

It is a topic that every attorney doing any kind of civil litigation needs to know something about.

Becker & Poliakoff http://becker-poliakoff.us/graphics/logo_120.gif

Perry M. Adair
Attorney/Managing Shareholder

Alhambra Towers
121 Alhambra Plaza, 10th Floor
Coral Gables, FL 33134

305.260.1016 Phone
305.442.2232 Fax

PAdair@becker-poliakoff.com
www.becker-poliakoff.com

Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at mailto:CARE@becker-poliakoff.com CARE@becker-poliakoff.com.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Greene
Sent: Friday, August 17, 2012 1:38 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C OV E R Y starts September 1....

All:

Michael suggested I pass this on to everyone. It was what he was looking for.

I told Michael to check the Ontario Bar Association web-site. Their E-discovery forms and information are very useful.

Best regards,
Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.com
dangreenelaw@yahoo.com
dangreenelaw@gmail.com
To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

From: "mromm@rommlaw.com" mromm@rommlaw.com
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Friday, August 17, 2012 1:19 AM
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C O V E R Y starts September 1....

Fellow Members: I recently read in an ACEDS article about the following: Did you know that there is a law firm in California that is now being sued for malpractice due to an E-Discovery screw up? The case involves allegations that J-M Manufacturing Co., of Los Angeles, through its former lawyers at McDermott Will & Emery and e-discovery service providers, Navigant and Stratify, repeatedly disclosed nearly 4,000 privileged documents to adversaries and the US government in a federal False Claims Act lawsuit. Who thinks that under 502 these inadvertant disclosures will be recovered by the Clawback Rule? Judge Wu issued an opinion which is attached.

This case led me to thinking about Florida's new E-Discovery Rules:

Florida's new E-Discovery Rules take effect on September 1, 2012. I know of several larger law firms that have already assembled their E-Discovery Committees, developed internal practices and procedures, created E-Discovery Compliance Checklists, E-discovery litigation forms for use in litigation, fine tuned their litigation hold letters; and they have already retained or interviewed third party vendors. In the case of the smaller firms, such as my solo law practice, I have also convened an E-Discovery Committee, but mine is a committee of 1 (me).

I am sure there are a number of CLC Members who have a similarly sized law firm. I met with myself and voted unanimously to create internal practices and procedures to comply with the new E-Discovery Rules, create compliance checklists and E-Discovery litigation forms, etc. However, I would welcome and appreciate the benefit of any firm that has prepared any documentation related to E-Discovery that they might be willing to share with our committee. For example:

Litigation hold letter forms (to our own clients and a different form to the opposing party).
E-Discovery compliance Checklist
E-Discovery Compliance Forms such as:

A. a new form for a Request for Production of Documents that specifically addresses the following:

(a) emails

(b) duplication

(c) de-duplication

(d) Twitter

(e) Facebook

(f) PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's (federal and state courts have already ruled these are all fair game);

(g) production format? with or without source and header information? metadata, etc.

(h) Text Messages

(i) Etc.

Because emails and text messages are so easy to use and expedite communications, people tend to be less formal about what they say in an email or a text. If you think discovery concerning this type of communication is not crucial, just ask any one of the 85,000 people employed worldwide at the prestigious accounting firm of Arthur Andersen! OOOps. You can't ask them! They all lost their jobs! As discussed in a recent Florida Bar Journal article: "The classic example is Arthur Andersen's shredding of Enron-related documents. Several e-mails by Andersen's employees candidly remarked and joked about the shredding of thousands of crucial auditing materials. The result: Those e-mails surfaced, and today Andersen no longer exists".

Thanks in advance to anyone who contributes!. Michael Romm

Michael Romm

Michael R. Romm, P.A.

1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020

Phone: (954) 557-8002

Fax: (954) 208-0022

mromm@rommlaw.com

constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw

There is definitely interest. FREDERICK C. BARNES, ESQ. 500 North Maitland Avenue, Suite 305 Maitland, Florida 32751 Telephone: 407-865-9200 Facsimile: 407-865-9209 <mailto:www.fcbarneslaw.com> www.fcbarneslaw.com From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Adair, Perry Sent: Friday, August 17, 2012 1:51 PM To: Daniel Greene; RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C OV E R Y starts September 1.... I (along with Dan DeSouza of our firm) have lectured several times on the new Florida rules and eDiscovery matters. Happy to put on something for this group if there is interest. It is a topic that every attorney doing any kind of civil litigation needs to know something about. Becker & Poliakoff <http://becker-poliakoff.us/graphics/logo_120.gif> Perry M. Adair Attorney/Managing Shareholder Alhambra Towers 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 305.260.1016 Phone 305.442.2232 Fax PAdair@becker-poliakoff.com www.becker-poliakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at <mailto:CARE@becker-poliakoff.com> CARE@becker-poliakoff.com. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Greene Sent: Friday, August 17, 2012 1:38 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C OV E R Y starts September 1.... All: Michael suggested I pass this on to everyone. It was what he was looking for. I told Michael to check the Ontario Bar Association web-site. Their E-discovery forms and information are very useful. Best regards, Daniel Greene Daniel M. Greene, P.A. Florida Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil and Appellate Mediator P.O. Box 3092 Orlando, FL 32802-3092 407-448-5391 www.dangreenelaw.com dangreenelaw@yahoo.com dangreenelaw@gmail.com To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. ___________ NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege. From: "mromm@rommlaw.com" <mromm@rommlaw.com> To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org> Sent: Friday, August 17, 2012 1:19 AM Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C O V E R Y starts September 1.... Fellow Members: I recently read in an ACEDS article about the following: Did you know that there is a law firm in California that is now being sued for malpractice due to an E-Discovery screw up? The case involves allegations that J-M Manufacturing Co., of Los Angeles, through its former lawyers at McDermott Will & Emery and e-discovery service providers, Navigant and Stratify, repeatedly disclosed nearly 4,000 privileged documents to adversaries and the US government in a federal False Claims Act lawsuit. Who thinks that under 502 these inadvertant disclosures will be recovered by the Clawback Rule? Judge Wu issued an opinion which is attached. This case led me to thinking about Florida's new E-Discovery Rules: Florida's new E-Discovery Rules take effect on September 1, 2012. I know of several larger law firms that have already assembled their E-Discovery Committees, developed internal practices and procedures, created E-Discovery Compliance Checklists, E-discovery litigation forms for use in litigation, fine tuned their litigation hold letters; and they have already retained or interviewed third party vendors. In the case of the smaller firms, such as my solo law practice, I have also convened an E-Discovery Committee, but mine is a committee of 1 (me). I am sure there are a number of CLC Members who have a similarly sized law firm. I met with myself and voted unanimously to create internal practices and procedures to comply with the new E-Discovery Rules, create compliance checklists and E-Discovery litigation forms, etc. However, I would welcome and appreciate the benefit of any firm that has prepared any documentation related to E-Discovery that they might be willing to share with our committee. For example: 1. Litigation hold letter forms (to our own clients and a different form to the opposing party). 2. E-Discovery compliance Checklist 3. E-Discovery Compliance Forms such as: A. a new form for a Request for Production of Documents that specifically addresses the following: (a) emails (b) duplication (c) de-duplication (d) Twitter (e) Facebook (f) PDA's , I-Phones, I-Pads, Cell-Phones, Blackberry's; PDA's (federal and state courts have already ruled these are all fair game); (g) production format? with or without source and header information? metadata, etc. (h) Text Messages (i) Etc. Because emails and text messages are so easy to use and expedite communications, people tend to be less formal about what they say in an email or a text. If you think discovery concerning this type of communication is not crucial, just ask any one of the 85,000 people employed worldwide at the prestigious accounting firm of Arthur Andersen! OOOps. You can't ask them! They all lost their jobs! As discussed in a recent Florida Bar Journal article: "The classic example is Arthur Andersen's shredding of Enron-related documents. Several e-mails by Andersen's employees candidly remarked and joked about the shredding of thousands of crucial auditing materials. The result: Those e-mails surfaced, and today Andersen no longer exists". Thanks in advance to anyone who contributes!. Michael Romm Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/constructionlaw

L

lauriesams (at) comcast.net

Fri, Aug 17, 2012 6:14 PM

yes there is interest!
----- Original Message -----
From: Adair, Perry
To: Daniel Greene ; RPPTL constructionlaw
Sent: Friday, August 17, 2012 1:50 PM
Subject: Re: [RPPTL-constructionlaw] [RPPTL-construction law] E - D I S C OVE R Y starts September 1....

I (along with Dan DeSouza of our firm) have lectured several times on the new Florida rules and eDiscovery matters.

Happy to put on something for this group if there is interest.

It is a topic that every attorney doing any kind of civil litigation needs to know something about.

   Perry M. Adair
    Attorney/Managing Shareholder

   
   Alhambra Towers
    121 Alhambra Plaza, 10th Floor
    Coral Gables, FL 33134

    305.260.1016 Phone
    305.442.2232 Fax

    PAdair@becker-poliakoff.com
    www.becker-poliakoff.com