As discussed in a recent post, there exists a dichotomy between the New York state and federal courts with respect to which party should bear the cost of producing inaccessible data
Additional coverage of this case can be found here:
The Sedona Conference®, the nation’s leading non-partisan, non-profit law-and-policy think tank, is actually doing something about it. Leading jurists, trial attorneys, corporate counsel, government lawyers, and others are signing onto “The Cooperation Proclamation.” By doing so, they are pledging to reverse the legal culture of adversarial discovery that is driving up costs and delaying justice; to help create “toolkits” of model case management techniques and resources for the Bench, inside counsel, and outside counsel to facilitate proportionality and cooperation in discovery; and to help create a network of trained electronic discovery mediators available to parties in state and federal courts nationwide, regardless of technical sophistication, financial resources, or the size of the matter.
You will also find here:
Other resources that discuss the significance and practical implementation include:
Early case assessment – Wikipedia, the free encyclopedia.
I would recommend learning about early case assessment by reviewing the Wikipedia entry on ECA first. Then take a look at the article by Eric Barnum that discusses ECA with or without technology. This article is critical to understanding the attorney point of view as well as the fact that lawyers have been doing ECA for decades and it really has nothing to do with e-discovery. However, because of e-discovery, it is not a step in the litigation process that can be skipped. And finally, George Socha and Tom Gelbmann bring everything together in a recent article from Law Technology News.
Gibson Dunn – 2010 Mid-Year Electronic Discovery and Information Law Update.
Law firm report reviews e-discovery trends for the first half of 2010.
Topics addressed include:
Update: Whenever a major report like this one is published, you can expect many industry experts & service providers to offer their observations and interpretations. This can be extremely valuable beyond reviewing the raw data of the report as information is translated into key trends, best practices and practical ideas for improving your e-discovery process.
The e-Discovery Team / Ralph Losey
I’m sure I’ll add a few more over the next few weeks …
Rearden-Pepper-IfSedonaConfBuilds.pdf (application/pdf Object).
This article provides a good review of the Sedona Conference’s “Cooperation Proclamation” and discusses the value in practical cooperation.
