Category Archives: Electronic Discovery

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Iowa Employment, Training and Benefits Conference

I’ll be speaking about the dangers and pitfalls of the electronic workplace this afternoon at the Iowa Employment, Training and Benefits Conference sponsored by HR-One Source.  Matt Brick and Doug Fulton of Brick Gentry are also presenting at the conference.  Matt is providing the employment law update and Doug will present on FMLA basics. … Continue Reading

Rush on Business Interactive Learning Environment Coming Soon

With the help of Doug Mitchell and Andy Brudtkuhl I will be going live with an Interactive Learning Environment to complement this blog very soon.   The Rush on Business Legal Wire will focus primarily on employment law, franchise due diligence  / investigation issues and business purchase or sale considerations.  I also hope to attract top speakers to participate in the … Continue Reading

Why Document Retention Policies Are So Critical

This post on employment lawsuits causing most e-discovery woes just confirms the reasons why a sound document retention policy is necessary in today’s business environment. Organizations need to respond to an increasing number of document requests, from regulatory compliance issues to internal investigations to full-scale litigation. Much of this information is available electronically. Despite the … Continue Reading

Electronic Workplace: Dangers & Pitfalls

Today I will present at the Central Iowa SHRM monthly meeting located at Copper Creek Golf Course on electronic workplace issues. The electronic workplace is all around us. Computers, voice mail, internet, intranet, e-mail, fax machines, laptops, PDAs, videoconferencing, social media, blogs and more are common features in the American workplace. The development of the … Continue Reading

Rush Nigut Joins Brick Gentry, P.C. Law Firm

Today is my last day with the Sullivan & Ward law firm.  This coming Monday I am taking a hop, skip and a jump over to the law firm of Brick Gentry, P.C. in West Des Moines, Iowa.  This is actually almost literally true as the Brick Gentry law firm is located across the parking lot just to the west of … Continue Reading

Deleted Email Case Provides Important Lessons

The Electronic Discovery Blog of K & L Gates has an informative post on a recent electronic discovery decision out of the Northern District of Georgia.  In the case the court found that deleted emails were not reasonably accessible and the defendant had no duty to search backup tapes for emails of a sexual nature. … Continue Reading

Blawg Review #147

Welcome to a RAGBRAI inspired Blawg Review.  What is RAGBRAI?  The Register’s Annual Great Bicycle Ride Across Iowa is an annual seven-day ride across the state.  Heading into its 36th year, RAGBRAI is the longest, largest and oldest touring bicycle ride in the world.  It’s not a race.  It’s an experience.   And since Blawg Review … Continue Reading

Sullivan & Ward’s Iowa Law Blog Goes Live

It took us awhile but Sullivan & Ward’s Iowa Law Blog is now live.  It was designed with the able assistance of LexBlog.  (The same company that designed and maintains this blog). While Rush on Business tends to focus only on issues impacting Iowa businesses, we are taking a broader approach with the Iowa Law Blog to … Continue Reading

Friday’s Business Nuggets

Want some great business advice?  Looking for something interesting?  Try out these posts: Matt Gardner has an interesting post on his Wealth and Estate Planning blog about the "pot of gold" Iowa landowners are sitting on because of the renewable energy craze and why they should review their estate plan.  (Sounds like Iowa farmers have something in common … Continue Reading

Sullivan & Ward Iowa Law Blog Coming Soon

I am excited to announce that the Sullivan & Ward law firm will publish its Iowa Law Blog beginning in mid to late August.  The firm’s law blog will cover general legal issues inlcuding the following areas of law: Utility and electric cooperative law; Business law; Trusts and estates; Family law; Real Estate law; Trial & … Continue Reading

Document Retention Playing to the Jury

Michael Moore has an informative post on Developing a Record Retention Policy on his Pennsylvania Employment Law Blog.  Michael raises a particularly insightful issue: Anticipate the arguments that may be made and inferences that could be drawn from the destruction of certain documents and weigh it against the expense of retaining and producing the documents. … Continue Reading

Document Retention and Electronic Discovery

In today’s business environment, organizations need to respond to an increasing number of document requests, from regulatory compliance issues to internal investigations to full-scale litigation. Much of this information is available electronically. Despite the prevalence of such document requests most organizations remain reactive rather than proactive when it comes to dealing with the issue of … Continue Reading

Iowa Likely to Amend Electronic Discovery Rules

The Iowa Supreme Court Advisory Committee on the Rules of Civil Procedure have proposed amendments to the Civil Rules of Procedure.  The proposed amendments primarily address the discovery of electronically stored information and mirror, in large part, the new federal rules concerning electronic discovery which became effective December 1, 2006. The advisory committee will also … Continue Reading

Document Retention Policy Basics

Iowa patent and information technology lawyer Brett Trout recently completed his series of posts on the new federal rules concerning electronic discovery.  Brett and I also recently completed a podcast interview discussing the new electronic discovery rules.  I encourage you to check it out.  Brett has a lot of great information to share on the … Continue Reading

Electronic Discovery: Rush on Business Podcast No. 1 Interview with Brett Trout

I have added podcasts to Rush on Business through BlogTalkRadio.  The first podcast is an interview with Iowa patent and information technology lawyer Brett Trout concerning the important federal rule changes regarding electronic discovery and how it impacts your business.  Brett is the author of Internet Laws Affecting Your Company.  As Brett says, bury your … Continue Reading

Electronic Discovery and Employment Law

I ran across an excellent article by employment law litigator Jason Storipan of Stark & Stark on issues involving electronic discovery and employment law.  Storipan cautions that employers must be aware and plan for the new electronic discovery rules: ". . . [e]mployment law is an area of the law that the increases in the … Continue Reading

What’s With the Buzz About Electronic Discovery?

The new federal electronic discovery rules became effective December 1, 2006.  (See this earlier article for a more detailed description of the rules and the amendments.)  Consulting companies appear to be hitting this hot and heavy as several of my clients have received marketing materials offering to assist with their electronic discovery needs.  Many clients, especially … Continue Reading

Think Twice Before Deleting Electronic Records

A $1.888 million dollar judgment in favor of a Delaware bankruptcy trustee stresses the importance of careful consideration before deleting electronic records from your company’s computer system.  In the case of In re Quintus Corp., 2006 WL 3072982 (Bankr.D.Del.Oct. 27, 2006), the Bankruptcy Court of the Delaware District imposed a penalty of summary judgment against … Continue Reading

Federal E-Discovery Rules

The new federal electronic discovery rules become effective December 1, 2006.   Fed. R. Civ. P. 26, 33, 34, 37, and 45 are being amended to take into account the importance of electronic records in the discovery process. Here are the pending rules amendments. Thanks to the Minnesota Business Litigation blog for the reminder. Lawyers may … Continue Reading
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