The Value of Project Management: Avoiding a “Huge Hole” in your E-Discovery Process

http://ow.ly/9oncs

An article by Mike Hamilton, J.D. posted on the e-Discovery Beat blog of Exterro.

The article discusses project management techniques and focuses on the case In Re Delta/AirTrain Baggage (N.D. Ga. Feb. 3, 2012).

The case at hand involved mistakes and misrepresentations made during the discovery phase of litigation.  The article states, "Under the often forgotten FRCP Rule 26 (g)(1), an attorney signature on a discovery request “certifies that the discovery responses are complete and correct to the best of his [or her] knowledge, information and belief.” To satisfy this requirement, “a reasonable inquiry into the factual basis of his response, request” must take place to verify that the discovery responses were complete and correct. The court held that Delta did not meet this obligation based on its false representation that:

1. All relevant hard drives were searched for responsiveness
2. All relevant backup tapes were identified."