Saturday, February 11, 2012

The View From the Bench: Opinions on E-Discovery in 2011



 http://ow.ly/90FoD

An article by Cecil Lynn III posted on law.com on the LTN webpage.

This article discusses recent ediscovery disputes that were resolved through court decisions in 2011. This article provides a useful and comprehensive list of case citations at the end of the article, as well.

One of the matters discussed was, "One of the year's most controversial opinions came from New York City-based U.S.D.C. Magistrate Judge James Cott, who seemed to suggest that the concept of proportionality should not be applied when assessing a party's preservation obligation. See Pippins v. KPMG LLP, 11 Civ. 0377 (S.D.N.Y. Oct.7, 2011). Even more surprising was Cott's broad definition of "key players" for whom electronic information must be retained — sweeping in all potential class members, including thousands of defendants' current and former employees who may never be plaintiffs or witnesses in the case."

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