I'll be speaking on the following two panels at ACEDS annual E-Discovery Conference:
What Florida’s Bouts with New E-Discovery Rules Teach Lawyers and Corporations
Florida’s first ever rules for discovery of
electronically stored information in civil courts just took effect. They
caused a sea change in the way the state’s many trial attorneys practice,
and have imposed novel burdens on the Florida court system, parties in
litigation, visiting litigants, and the multitude of large and small
businesses inhabiting the state. The rules have created some
efficiencies in civil procedure, but they have also tested the
infrastructure of county and circuit courts from Pensacola to Key West.
Though Florida is not one of the first to join the e-discovery fray, its
legal and corporate diversity, division of rural and metropolitan
areas, and abundance of international businesses make it a melting pot
that lawyers, rulemakers, and e-discovery professionals nationwide
and at the federal level are eying closely. What new liabilities and
opportunities have the rules created, and how can you learn from them?
Where are lawyers, litigants and judges most vulnerable to the perils of
electronic evidence? What tools and services do you need to excel at
e-discovery as the volume of your client’s data balloons? How can you
navigate the rules to reduce costs? Can mediation by an E-Neutral save money? And how do you protect against
e-discovery malpractice? On this panel, legal experts from across the
state, including the attorneys who crafted the rules, will give you
important lessons gleaned from this unsettled legal terrain.
Double-Edged Sword of Social Media-- Boost Your Bottom Line While Avoiding Risk
As
Facebook hits one billion global users and Twitter approaches a half
billion, it’s safe to say that social media is here to stay. Some
organizations and law firms have embraced it for the unique marketing
and networking avenues it affords, and the business it can drive. Others
pass on its benefits because of the clear reputational and legal risks
it presents. Social media can open doors to engage stakeholders and
potential clients, but it is hard to monitor and even tougher to
incorporate into existing information governance frameworks. The stakes
are high. When the threat of a lawsuit strikes, it is crucial to know
who is saying what, where it is located, and how to preserve and collect
it for litigation. How can you use social media to drive business
success, while reigning in the dangers it presents? What does an
effective employee social media policy look like, and how can you
integrate it with compliance policies that are already in place? How do
you govern social media in the cloud? What are the best ways to
preserve, collect, and produce social media? And how do you decide which
methods are best? In this panel, e-discovery and technology experts
from top organizations and law firms show you how to use and regulate
social media in a way that is safe, effective, and profitable.
More about the E-Discovery conference here: http://www.ediscoveryconference.com/panels
Wednesday, February 20, 2013
Thursday, January 31, 2013
Join My Upcoming ESI CLE Webinar February 13, 2013
Why Florida’s recent E-Discovery rulings and other developments should matter to you and your organization
The Association of Certified E-Discovery Specialists (ACEDS), established in 2010, is the member organization for professionals in the private and public sectors who work in the field of e-discovery. ACEDS is building a community of e-discovery specialists for the exchange of ideas, guidance, training and best practices. This free ESI CLE webinar program offers a preview of what I will discuss at the upcoming annual ACEDS Conference-- www.ediscoveryconference.com/panels/
http://www.aceds.org/why-floridas-recent-e-discovery-rulings-and-other-developments-should-matter-to-you-and-your-organization/
UPDATE: In case you missed it live, the recorded webinar is now available at http://go.pardot.com/e/5972/training-on-demand-training-/l2183/442031232.
The Association of Certified E-Discovery Specialists (ACEDS), established in 2010, is the member organization for professionals in the private and public sectors who work in the field of e-discovery. ACEDS is building a community of e-discovery specialists for the exchange of ideas, guidance, training and best practices. This free ESI CLE webinar program offers a preview of what I will discuss at the upcoming annual ACEDS Conference-- www.ediscoveryconference.com/panels/
While Florida’s recent rules for the discovery of ESI in civil courts that took effect September 1st have improved efficiency in civil procedure, they also have caused a sea change in the way attorneys practice. What new burdens, liabilities and opportunities have the rules created for the court system, parties in litigation, visiting litigants, and the multitude of large and small businesses inhabiting the state of Florida? And why should they matter to you and your organization? Join our panel of legal experts as they share invaluable insights, including important lessons and best practices learned from this recent ruling and other developments in the e-discovery arena.
Session Panelists: Lawrence Kolin, Mediator/Arbitrator, Lawrence H. Kolin, P.A
Brad Schultz, Litigation Support, Berger Singerman
Daniel Whitehouse, Attorney, Whitehouse & Cooper, PLLC
Session Moderator: Charles A. Volkert, Executive Director, Robert Half Legal
See link for details (GoToMeeting starts at 1PM EST)--
http://www.aceds.org/why-floridas-recent-e-discovery-rulings-and-other-developments-should-matter-to-you-and-your-organization/
UPDATE: In case you missed it live, the recorded webinar is now available at http://go.pardot.com/e/5972/training-on-demand-training-/l2183/442031232.
Saturday, September 1, 2012
Today's the Day for Electronic Everything!
Effective September 1, 2012, E-Discovery amendments to the following
existing Florida Rules of Civil Procedure drafted in my subcommittee are effective: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). These rules will now include Electronically Stored Information or ESI. See Florida Supreme Court E-Discovery amendments opinion at--http://www.floridasupremecourt.org/decisions/2012/sc11-1542.pdf
Additionally, mandatory E-service begins in civil, probate, small claims, and family law divisions of the trial courts, as well as in all appellate cases. Service by E-mail under Florida Rule of Judicial Administration 2.516 is deemed complete when sent. E-mail service is made by attaching a copy of the document to be served in PDF format. The E-mail must contain the subject line "SERVICE OF COURT DOCUMENT" in all capital letters, followed by the case number of the relevant proceeding. The body of the E-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served, and the sender’s name and telephone number. The E-mail and attachments together may not exceed 5 megabytes in size or must be divided into separate e-mails (no one of which may exceed 5 megabytes) and labeled sequentially in the subject line. Attorneys practicing in the criminal, traffic, and juvenile divisions of the trial court may voluntarily choose to serve documents by e-mail under these procedures or may continue to operate under existing rules. E-mail service will be mandatory for attorneys practicing in remaining divisions on October 1, 2013. See E-Service opinion at-- http://www.floridasupremecourt.org/decisions/2012/sc10-2101.pdf
Finally, though civil ECF is well-established in Orange County, new electronic filing requirements adopted by the Fifth District Court of Appeal begin today by Administrative Order-- http://www.5dca.org/Clerk/Administrative%20Orders/AO5D12-03_08_12.pdf. Those who practice in this area should register with the appellate court's eDCA system-- http://edca.5dca.org
existing Florida Rules of Civil Procedure drafted in my subcommittee are effective: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). These rules will now include Electronically Stored Information or ESI. See Florida Supreme Court E-Discovery amendments opinion at--http://www.floridasupremecourt.org/decisions/2012/sc11-1542.pdf
Additionally, mandatory E-service begins in civil, probate, small claims, and family law divisions of the trial courts, as well as in all appellate cases. Service by E-mail under Florida Rule of Judicial Administration 2.516 is deemed complete when sent. E-mail service is made by attaching a copy of the document to be served in PDF format. The E-mail must contain the subject line "SERVICE OF COURT DOCUMENT" in all capital letters, followed by the case number of the relevant proceeding. The body of the E-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served, and the sender’s name and telephone number. The E-mail and attachments together may not exceed 5 megabytes in size or must be divided into separate e-mails (no one of which may exceed 5 megabytes) and labeled sequentially in the subject line. Attorneys practicing in the criminal, traffic, and juvenile divisions of the trial court may voluntarily choose to serve documents by e-mail under these procedures or may continue to operate under existing rules. E-mail service will be mandatory for attorneys practicing in remaining divisions on October 1, 2013. See E-Service opinion at-- http://www.floridasupremecourt.org/decisions/2012/sc10-2101.pdf
Finally, though civil ECF is well-established in Orange County, new electronic filing requirements adopted by the Fifth District Court of Appeal begin today by Administrative Order-- http://www.5dca.org/Clerk/Administrative%20Orders/AO5D12-03_08_12.pdf. Those who practice in this area should register with the appellate court's eDCA system-- http://edca.5dca.org
Tuesday, July 24, 2012
Fla. Bar News: Court Lays Down Rules Governing E-Discovery
The following is a repost of The Florida Bar News story from the forthcoming August 1, 2012 issue quoting me-- http://bit.ly/MEAxsu
The Florida Supreme Court has approved
procedural rule amendments governing the discovery and production of
electronically stored information (ESI) in civil cases.
“This is the culmination of a six-year effort of the Civil Procedure
Rules Committee to bring forth modernization of the procedure in Florida
in keeping with federal trends for the inclusion of ESI,” said Winter
Park attorney Lawrence Kolin, the first chair of the rules committee’s
E-Discovery Subcommittee. “I am proud of our ability to utilize
amendments to existing rules and to respect the differences in state
practice regarding this realm. We now must be sure to educate bench and
Bar on this momentous change in Florida civil procedure.”
The court accepted the committee’s proposed changes to seven procedural rules.
Rules 1.200 (Pretrial Procedure) and 1.201 (Complex Litigation) were amended to address electronic discovery as part of the pretrial procedures, including the possible need for rulings on electronic evidence and “the possibility of an agreement between the parties regarding the extent to which such information should be preserved and the form in which it should be produced,” the opinion said.
Rule 1.280 was amended to specifically allow for discovery of ESI and also set some limitations on such discovery.
It also spells out procedures for the recipient of a discovery request to object to that action if it will cause an undue burden or cost too much.
The court may still grant the request, if the requesting party shows good cause, although some or all of the discovery costs may be imposed on that party.
Another new subdivision of that rule limits electronic discovery if it becomes duplicative or the information can be obtained from another source that is less burdensome or less costly, or if the trouble of producing the information likely outweighs any expected benefit.
Rule 1.340 (Interrogatories to Parties) and Rule 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes) were amended to allow for producing ESI in response to an interrogatory or specific request.
“Both rules provide for a party to produce the ESI in the form in which it is ordinarily maintained in or in a reasonably usable form,” the opinion said.
Rule 1.380 (Failure to Make Discovery, Sanctions) was amended to remove the possibility of sanctions, except in exceptional circumstances, if ESI was lost “as a result of the routine, good-faith operation of an electronic information system.”
Rule 1.410 (Subpoena) was amended to allow for subpoenaing electronic records and providing a procedure and grounds for the subpoena recipient to object.
The new rules are effective September 1.
The court acted July 5 in case no. SC11-1542, In Re: Amendments to the Florida Rules of Civil Procedure – Electronic Discovery.
“This is the culmination of a six-year effort of the Civil Procedure
Rules Committee to bring forth modernization of the procedure in Florida
in keeping with federal trends for the inclusion of ESI,” said Winter
Park attorney Lawrence Kolin, the first chair of the rules committee’s
E-Discovery Subcommittee. “I am proud of our ability to utilize
amendments to existing rules and to respect the differences in state
practice regarding this realm. We now must be sure to educate bench and
Bar on this momentous change in Florida civil procedure.”The court accepted the committee’s proposed changes to seven procedural rules.
Rules 1.200 (Pretrial Procedure) and 1.201 (Complex Litigation) were amended to address electronic discovery as part of the pretrial procedures, including the possible need for rulings on electronic evidence and “the possibility of an agreement between the parties regarding the extent to which such information should be preserved and the form in which it should be produced,” the opinion said.
Rule 1.280 was amended to specifically allow for discovery of ESI and also set some limitations on such discovery.
It also spells out procedures for the recipient of a discovery request to object to that action if it will cause an undue burden or cost too much.
The court may still grant the request, if the requesting party shows good cause, although some or all of the discovery costs may be imposed on that party.
Another new subdivision of that rule limits electronic discovery if it becomes duplicative or the information can be obtained from another source that is less burdensome or less costly, or if the trouble of producing the information likely outweighs any expected benefit.
Rule 1.340 (Interrogatories to Parties) and Rule 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes) were amended to allow for producing ESI in response to an interrogatory or specific request.
“Both rules provide for a party to produce the ESI in the form in which it is ordinarily maintained in or in a reasonably usable form,” the opinion said.
Rule 1.380 (Failure to Make Discovery, Sanctions) was amended to remove the possibility of sanctions, except in exceptional circumstances, if ESI was lost “as a result of the routine, good-faith operation of an electronic information system.”
Rule 1.410 (Subpoena) was amended to allow for subpoenaing electronic records and providing a procedure and grounds for the subpoena recipient to object.
The new rules are effective September 1.
The court acted July 5 in case no. SC11-1542, In Re: Amendments to the Florida Rules of Civil Procedure – Electronic Discovery.
Thursday, July 19, 2012
E-Everything coming in FLA.
Effective September 1, 2012, E-Discovery amendments to the following
existing Florida Rules of Civil Procedure become effective: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). These rules will now include Electronically Stored Information or ESI. See Florida Supreme Court E-Discovery amendments opinion at--
http://www.floridasupremecourt.org/decisions/2012/sc11-1542.pdf
Additionally, mandatory E-service begins September 1st in civil, probate,
small claims, and family law divisions of the trial courts, as well as in
all appellate cases. Under Florida Rule of Judicial Administration 2.516,
service by E-mail is deemed complete when sent. E-mail service is made by attaching a copy of the document to be served in PDF format. The E-mail must contain the subject line "SERVICE OF COURT DOCUMENT" in all capital letters, followed by the case number of the relevant proceeding. The body of the E-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served, and the sender’s name and telephone number. The E-mail and attachments together may not exceed 5 megabytes in size or must be divided into separate e-mails (no one of which may exceed 5 megabytes) and labeled sequentially in the subject line. When the rules take effect on September 1, attorneys practicing in the criminal, traffic, and juvenile divisions of the trial court may voluntarily choose to serve documents by e-mail under the new procedures, or they may continue to operate under the existing rules. E-mail service will be mandatory for attorneys practicing in these divisions on October 1, 2013. See E-Service opinion at--
http://www.floridasupremecourt.org/decisions/2012/sc10-2101.pdf
Finally, all 67 county clerks of court have been directed to accept
E-filings through the statewide e-portal in the civil divisions and new
electronic filing requirements will become effective in the civil, probate,
small claims, and family law divisions of the trial courts, as well as for
appeals to the circuit courts in these categories of cases, on April 1,
2013. As civil ECF is well-established in Orange County, this is nothing
new. Next, the new electronic filing requirements the Court adopts will
become effective in the criminal, traffic, and juvenile divisions of the trial courts, as well as for appeals to the circuit court in these categories of cases, on October 1, 2013. See E-filing opinion at-- http://www.floridasupremecourt.org/decisions/2012/sc11-399.pdf
existing Florida Rules of Civil Procedure become effective: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). These rules will now include Electronically Stored Information or ESI. See Florida Supreme Court E-Discovery amendments opinion at--
http://www.floridasupremecourt.org/decisions/2012/sc11-1542.pdf
Additionally, mandatory E-service begins September 1st in civil, probate,
small claims, and family law divisions of the trial courts, as well as in
all appellate cases. Under Florida Rule of Judicial Administration 2.516,
service by E-mail is deemed complete when sent. E-mail service is made by attaching a copy of the document to be served in PDF format. The E-mail must contain the subject line "SERVICE OF COURT DOCUMENT" in all capital letters, followed by the case number of the relevant proceeding. The body of the E-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served, and the sender’s name and telephone number. The E-mail and attachments together may not exceed 5 megabytes in size or must be divided into separate e-mails (no one of which may exceed 5 megabytes) and labeled sequentially in the subject line. When the rules take effect on September 1, attorneys practicing in the criminal, traffic, and juvenile divisions of the trial court may voluntarily choose to serve documents by e-mail under the new procedures, or they may continue to operate under the existing rules. E-mail service will be mandatory for attorneys practicing in these divisions on October 1, 2013. See E-Service opinion at--
http://www.floridasupremecourt.org/decisions/2012/sc10-2101.pdf
Finally, all 67 county clerks of court have been directed to accept
E-filings through the statewide e-portal in the civil divisions and new
electronic filing requirements will become effective in the civil, probate,
small claims, and family law divisions of the trial courts, as well as for
appeals to the circuit courts in these categories of cases, on April 1,
2013. As civil ECF is well-established in Orange County, this is nothing
new. Next, the new electronic filing requirements the Court adopts will
become effective in the criminal, traffic, and juvenile divisions of the trial courts, as well as for appeals to the circuit court in these categories of cases, on October 1, 2013. See E-filing opinion at-- http://www.floridasupremecourt.org/decisions/2012/sc11-399.pdf
Wednesday, July 18, 2012
E-Discovery Education
Just a note that I will be speaking about Florida's civil procedure rule amendments addressing ESI at the Technology Committee of the Orange County Bar Association (OCBAnet.org) at noon tomorrow, Thursday, July 19, 2012. I am also speaking as a panelist in a national webinar for the Association of Certified E-Discovery Specialists® or ACEDS.org which will take place at 1 pm EST on August 3, 2012 online. I will also be presenting regarding the new rule amendments during the OCBA's Family Law Committee CLE on September 21, 2012. Look for future speaking engagements as the campaign to educate bench and bar about the effect of these changes continues.
About the Speaker, Lawrence Kolin, Esq. - A
full-time neutral and Supreme Court of Florida Certified Circuit-Civil
and Appellate Mediator, in Winter Park, Florida, he handles alternative
dispute resolution of complex multi-party cases involving professional
liability, construction, technology, real estate, employment and
contract disputes. Now a qualified arbitrator, he frequently practiced
in state and federal courts in diverse areas of civil trial work
including business, commercial and patent litigation. Previously, he was
a partner in a statewide firm, trying cases in insurance, intellectual
property, health care, and medical malpractice, among other areas. He
earned a political science degree from Trinity College in Connecticut
and a law degree from the University of Miami School of Law, where he
was Executive Editor of the Entertainment & Sports Law Review.
Mediating since 2001, he is AV® Rated and
member of the National Academy of Distinguished Neutrals. He served as
founding Chair of the Florida Bar Civil Procedure Rules Subcommittee on
Electronic Discovery which drafted new rules becoming effective
September 1, 2012.
Thursday, July 5, 2012
E-Discovery Rules Effective FL September 1st
The Supreme Court of Florida's opinion just out today adopts amendments to civil rules as previously outlined in my blog below. See full decision here: http://www.floridasupremecourt.org/decisions/2012/sc11-1542.pdf
Six years in the making! Now begins the education campaign for bench and bar. Effective September 1, 2012 are amendments to seven existing Florida civil procedure rules: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). This is the culmination of a six-year effort initially chaired by me and with the help of members of my subcommittee of lawyers and judges and the Civil Rules Standing Committee of the Florida Bar. These rules will further allow for the ability for neutrals to play a role in dispute resolution of ESI issues in state court cases.
Six years in the making! Now begins the education campaign for bench and bar. Effective September 1, 2012 are amendments to seven existing Florida civil procedure rules: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). This is the culmination of a six-year effort initially chaired by me and with the help of members of my subcommittee of lawyers and judges and the Civil Rules Standing Committee of the Florida Bar. These rules will further allow for the ability for neutrals to play a role in dispute resolution of ESI issues in state court cases.
"This is the culmination of a rigorous effort to modernize procedure in Florida to include electronically stored information,” attorney Lawrence Kolin, of Winter Park, founding chair of the e-discovery rules committee, told told the Association of Certified E-Discovery Specialists®. See ACEDS Bulletin here - http://aceds.org/news/florida-ediscovery-rules-take-effect-september-1
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