The annual Georgetown Law Advanced eDiscovery Institute is affectionately nicknamed the “Judge-Fest,” because it draws so many of the country’s most active and influential electronic data discovery jurists. Held in late November in Arlington, Va., the eighth annual conference opened with a fast-paced case law update presented by six of the most prolific representatives of the federal bench: John Facciola (District of Columbia); Lee Rosenthal (Southern District of Texas); Andrew Peck, Shira Scheindlin, and James Francis ( Southern District of New York); and David Waxse (Kansas).
The almost-two-hour session covered cases that illustrated a wide range of issues that were in consideration during 2011. Francis started with the long-litigated Rambus cases, (Micron Tech, Inc. v. Rambus Inc. and Hynix Semiconductor, Inc. v. Rambus Inc., 645 F. 3d 1336 (Fed. Cir. 2011), which addressed the issue of when the duty to preserve kicks in, and what is reasonable anticipation of litigation. Francis described the “shredding parties” that Rambus held that were revealed during the litigation. “In some respects, [ Rambus ] was an easy case,” he observed, because it was so dramatic.
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