Tuesday, November 22, 2011

A Growing Trend: Use of E-Discovery 'Special Masters'



http://ow.ly/7CfRu

An article by Monica Bay appearing on law.com on the LTN webpage.

This article touches on discussions that took place at the recently completed Georgetown Advanced eDiscovery Institute conference regarding the use of Special Masters to assist with eDiscovery disputes, and pilot programs designed to further this trend.

The article quotes eDiscovery and forensic expert Craig Ball, Esq., "Craig Ball, who writes LTN's e-discovery column, "Ball in Your Court," frequently serves as an EDD special master, and summed up the typical job description in a May 2009 LTN article, "Special Masters."

"It's an amalgam of judge and expert and Oprah, with a lot of computer geek," explained Ball. "Sometimes, I'm standing in the judge's shoes kicking rumps to get a derailed, contentious e-discovery effort back ontrack. Other times, I'm the court's neutral insuring that responsive ESI is produced and privileged information is protected. Or, I'm the computer forensic examiner tasked with determining if a litigant destroyed electronic evidence and if it can be recovered," he notes."  A link to the referenced article by Craig Ball is provided in Ms. Bay's article.

The article further states, ""An EDD special master adept at understanding the feasibility, complexity, impact and cost of identifying, processing, producing and using the panoply of data encountered in modern life (from the contents of a thumb drive to large enterprise information systems and cloud providers) can help everyone move forward in a sensible, cost-effective and (at times) creative fashion," explained Ball, a longtime member of LTN's Editorial Advisory Board and the LegalTech advisory board."

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