http://ow.ly/7T5zL
An article by Monica Bay published by law.com on the LTN webpage.
This article discusses the fact that some attorneys are complaining about the preservation obligations associated with electronically stored information, and with the eDiscovery process during litigation.
The article mentions attorney Robert Owen (of the firm Sutherland Asbill & Brennan), and his recent proposal of 5 revisions that should be made to the Federal Rules of Civil Procedure, to help reduce the costs associated with preservation obligations. The article mentions Mr. Owen's recent article, ""Reset to Neutral," where he detailed the five proposed preservation rules that would address 1) a general prohibition of intentional destruction, 2) triggers, 3) pre-filing preservation orders, 4) scope, and 5) sanctions." A link to the article is provided in Ms. Bay's article.
The article also discusses counter-arguments made in response to Mr. Owen's comments. Ms. Bay's article states, "Henry Kelston, senior counsel and a member of the firm's (of the firm Milberg) E-Discovery Committee. On Tuesday's LTNwebsite, Milberg countered with "Regress to Neutral," asserting that Owen's proposal would reset e-discovery back to 1937 when there were no rules, and "litigation outcomes were often dictated by gamesmanship and ambush rather than the merits of the case." A link to that article is also provided in Ms. Bay's writing.
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