http://ow.ly/7B1BY
An article by Evan Koblentz on law.com on the LTN webpage.
This article discusses the recently concluded Georgetown Advanced eDiscovery Institute conference.
The article states, "A wide-ranging discussion about e-discovery and the Federal Rules of Civil Procedure highlighted Friday morning's sessions at the Georgetown Law Center Advanced eDiscovery Institute.
The panel, "Future of the Rules/New Developments," included federal judges Joy Flowers Conti, of Pittsburgh, Paul Grimm, of Baltimore, and Lee Rosenthal, of Houston, along with attorneys William Butterfield of the Hausfeld law firm and Jeane Thomas of Crowell & Moring, both of Washington, D.C."
The article further states that Ms. Thomas stated, "17.5 GB per custodian, averages four custodians per matter, has 329 matters on hold (a third of them are active cases), and collects more than 700 MB for every 2.3 MB that are actually used. Those kinds of figures, along with controversial cases such as Pippins v. KPMG, can put fear in the hearts of large companies, she said. However, she doesn't "favor a very, very detailed rule," because techology moves too fast for such a rule to keep up."
Judge Rosenthal’s discussion regarding the process and prospect for rules amendments was particularly compelling. As Judge Rosenthal explained, there is no guarantee that amended rules will even be issued. To the extent amendments are agreed upon, they would likely be broad in their scope and would not provide “bright line” guidance that many practitioners seek. Moreover, it would be several years still before any such amendments would be implemented. Given these factors, organizations must be prepared to address document preservation and production under the instant Rules regime for the foreseeable future. Counsel and clients alike must be more cooperative in litigation and follow best practices with respect to preservation and production. And as multiple panels from conference sessions made clear, that means getting the right technology in place to strengthen information management and eDiscovery processes.
ReplyDelete