The disputes that play out every day in American courts help fertilize the fields from which our understanding of eDiscovery issues grow. Judicial opinions are the traffic-light that hangs at the intersection of law and technology. Though the number of technology-related opinions are few in number when compared to the opinions that are issued generally each year, they are the most interesting. Some judges approach the technological aspects of the matters before them like Magnus Carlsen attacking a chess board, while others handle such issues with the mental acuity of a new born that has discovered his sister’s iPad – all magic and confusion. Whatever judicial proclivities may exist, there are hundreds of must-read cases and new opinions being issued all the time. In this section, we are going to unpack legendary opinions, compare jurisdictional splits, eavesdrop on courtroom controversies, and talk to the pundits, players, and soothsayers that can help us glean meaningful takeaways from the bench.
A casual observer of US discovery would conclude that the destruction of documents and data is a national pastime, with immense effort devoted both to deleting documents and to trying to prove that someone else has done so. To an … Continue read…
As a 30(b)(6) witness for some of my clients, I follow eDiscovery spoliation cases closely. Most of them have little or no ‘teeth’ when a party has even attempted to meet their obligations. It is nice to see a magistrate drop the hammer on a party who appears to have consistently and deliberately tried to […]
After preparing the new ESI Survival Guide for its 2021 release, I ran across some of the videos that I…
