California's New E-Discovery Requirements

Preserving, Obtaining and Protecting Electronically Stored Information

Law signed June 29, effective immediately

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Thursday, August 6, 2009

Course Materials

This seminar will examine California's new e-discovery rules and will discuss how they will change the litigation landscape. The panel will outline best practices for complying with the new requirements.


On June 29, California's governor signed the state’s Electronic Discovery Act, which was immediately effective. The law amends the California Code of Civil Procedure and establishes procedures for the discovery of electronically stored information in California.

The new e-discovery rules include significant provisions concerning the form and extent of production and impose strict limits on production. The rules address the issues of third-party subpoenas, privilege and sanction safe harbors.

All attorneys who litigate in California state court must quickly grasp the new requirements, revise e-discovery practices, and advise clients on the new requirements for retention and destruction of electronically stored information to stay in compliance.

Listen as our authoritative panel of California litigators examines the new rules, including specifics on what has changed and what remains the same, compares the new law with the federal rules amendments, and discusses best practices for complying with the new rules.



  1. Electronic Discovery Act
    1. The rules — what has changed and what remains the same
      1. Meet and confer requirements
      2. Cost shifting
      3. Protective orders
      4. Timing
      5. Safe harbors
      6. Privileges and waivers
      7. Third party subpoenas
    2. Code of Civil Procedure sections impacted
  2. Comparison with the federal rules
  3. Best practices for e-discovery


The panel will review these and other key questions:

  • How do the new California e-discovery rules compare with federal rules? What are the differences?
  • What strategies can counsel use to negotiate what is discoverable and who pays, including possible cost sharing and shifting?
  • What time and cost-saving practices should companies and counsel employ to properly preserve electronic information?


Robert D. Brownstone
Robert D. Brownstone

Law and Technology Director; Chair, EIM Group
Fenwick & West

He advises clients on electronic discovery, information-security, electronic information management and on...  |  Read More

Jeffrey Fowler
Jeffrey Fowler

O’Melveny & Myers

He is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice Group, and is a founding member of...  |  Read More

David M. Hickey
David M. Hickey

Winston & Strawn

He serves as a vice chair of the firm’s E-Discovery Practice Group and concentrates his practice in class...  |  Read More

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