http://ow.ly/7NcX4
An article by Robert Owen published on law.com on the LTN webpage.
This article provides a long list of criticisms of the current eDiscovery legal standards, and suggests new revised rules for the Federal Rules of Civil Procedure.
The article complains of the vague aspects of the current rules, and also states, "The current law is entirely premised on the assumption that unless overseen and policed, employees will engage in rampant spoliation. This is most ironic, as it is harder today for employees to destroy electronically stored information completely than it was for custodians in times past to destroy paper files."
The article claims the current system is: radical; imprecise; inconsistent; unjustified; unbalanced; expensive; and is a source of ancillary litigation. Comments regarding each of these topics is provided in the article.
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