Qubit Articles

July qubit (2010)

 

"Failure to Issue Litigation Hold Does Not Prevent Defendant from Seeking Protective Order Under FRCP 26(b)(2)(B): Court Rejects 'Bright Line Rule'"

 

by Susan Ardisson, Esq

 

Should a party  be precluded from seeking a protective order under Federal Rule Civil Procedure 26(b)(2)(B) on the ground that the requested electronically stored information is inaccessible where the cause of the inaccessibility was the party’s failure to issue a timely litigation hold?  This was the issue before the court in Major Tours, Inc. v. Colorel et al. 2010 WL 255727250 (D.N.J. June 22, 2010). Rejecting the “bright line rule” urged by the plaintiff, the Major Tours court refused to hold as a matter of law that a protective order cannot be granted under Rule 26(b)(2)(B) “when the evidence is inaccessible because of that party's failure to institute a litigation hold.”  According to the court, “nothing in the plain language of Rule 26(b)(2)(B) requires such a threshold determination of who is at fault for the data having become inaccessible.”  Accordingly, the court held, similar to a request for sanctions based on spoliation of evidence,  a case-by-case review under Rule 26(b)(2)(B) is required.  The court additionally held that the Magistrate did not abuse his discretion when he refused to order the State of New Jersey “to perform over a million dollars worth of discovery on the off chance that it might add to the five year’s worth of discovery already obtained, just because there is some risk that relevant emails were not preserved.” 

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News

 

April 2010

In the Pittsburgh Legal Administrators Association's (PLAA) Spring Issue of To the Point

 

E-Discovery Made Easy and Cost Effective for the Small "Routine" Case

by Susan Ardisson, Esq.

 

(Click here for the article)

 

October 15, 2009

In the Pittsburgh Technology Council's TEQ Magazine

 

At the Intersection of IT and the Law: bit-x-bit builds success with topnotch e-discovery and computer forensic consulting services  by Matthew Pross

 

(Click here for TEQ article)

 

ACBA Endorsement

Since 2008, bit-x-bit has enjoyed the exclusive endorsement of the Allegheny County Bar Association (ACBA) to provide computer forensic and e-discovery consulting services to the ACBA’s members. 

 

"The Allegheny County Bar Association (ACBA) endorses bit-x-bit as its provider of choice for computer forensic and electronic discovery litigation support services for ACBA members. The quality of service provided to members and the attractive pricing offered to our members make bit-x-bit a great partner for the ACBA." 

                           David Blaner 
                               Executive Director, ACBA 

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PCKIZ Company

A PCKIZ Company

A grant recipient in both 2008 and 2009, bit-x-bit received funding to support expansion and hiring at its offices located in the “Zone” in the historic Frick Building in downtown Pittsburgh.  According to Bill Generett, Executive Director of PCKIZ, “the niche market that bit-x-bit serves, the high quality of the services that it provides, and its excellent management team make bit-x-bit a perfect company for PCKIZ to work with in Pittsburgh.”

 

Approved Pennsylvania ITQ Supplier

bit-x-bit was recently approved as a pre-qualified IT services vendor/supplier for the Commonwealth of Pennsylvania under its Invitation to Qualify (ITQ) program.  As an approved ITQ supplier, the process for procuring bit-x-bit’s services by Pennsylvania state agencies is streamlined so that a separate RFP is not necessary.  The process to become a pre-qualified ITQ supplier required the submission and review of favorable client evaluations from a number of bit-x-bit’s clients.

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