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21 Pretrial Prac. & Discovery 1 (2012-2013)

handle is hein.aba/pretpd0021 and id is 1 raw text is: Fall 2012, Vol. 21 No. 1 TABLE OF CONTENTS Articles The Fifth Amendment Versus Compelled Production of Encrypted Data By Jayashree Mitra and Stefan Mentzer The case law on the constitutional protections for compelled production of encrypted data is contradictory and uncertain. Undue Burden, Proportionality, and Cost-Shifting in E-Discovery By Margaret Rowell Good Attorneys must understand and be prepared to use the rules of civil procedure as they relate to electronic information. Class Certification after Wal-Mart v. Dukes By Ashish Prasad Following Dukes, courts are likely to consider whether common questions have common answers. So You Want to Depose Opposing Counsel? By Edna Selan Epstein A license to practice law does not automatically exempt an attorney from being subject to a subpoena to produce documents or to testify. Expert Testimony Admissibility after Wal-Mart v. Dukes By Dennis S. Ellis, Katherine F. Murray, and Nicholas J. Begakis Counsel should be mindful of the Supreme Court's comments in Dukes, and be prepared to respond to a full Daubert challenge at the class-certification stage. News & Developments)) District of Idaho Says Oral Litigation Hold May Lead to Sanctions The District Court of Idaho recently found that an oral litigation hold weighed negatively in determining whether a plaintiffs document-retention policies were adequate. N.D. Cal. Decision Highlights Limitations in E-Discovery Cost Recovery Denying cost recovery, court affirms narrow reading of statute, disallows intellectual efforts.

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