Pounding The Gavel On E-Discovery

http://ow.ly/7B2iq

An article by Sheri Qualters posted on law.com on the corporate counsel website.

This article discusses the recently proposed model rule for eDiscovery in patent litigation.

The article states, "...Chief Judge Randall Rader unveiled a model order designed to limit discovery in patent cases.

Rader announced it himself at the Eastern District of Texas Bench Bar Conference, where he told a standing-room-only crowd that the Federal Circuit Advisory Council had unanimously voted to adopt his proposal. They are voluntary guidelines that may be used by any district court or judge.

The order proposes several limits on the production of electronically stored information. Prominent among them:

• Metadata is excluded from e-discovery production requests without "a showing of good cause."
• Courts may consider up to five additional custodians per producing party and five additional search terms per custodian. Litigants who submit e-discovery requests that exceed court orders and the parties' agreement must pay for the extra production.
• Receiving parties are barred from using e-discovery that the producing party asserts is attorney-client privileged or work product–protected.
• The mass production of electronic information, or the inadvertent release of privileged or work product data, is not a waiver or permission to use it."

The article further states that the purpose of this proposed order is to limit the cost and burden associated with eDiscovery.  

P.S.  What are your thoughts on this proposed Model Order?  Will it gain acceptance?  Does it really help solve any of the challenges associated with the costs of preserving and producing ESI?  Will it provide an improvement in reaching "just and fair" results.