Discovery Resources

The Editor at Metropolitan Corporate Counsel interviews Mary Mack about the state of e-Discovery costs facing attorneys and their clients in the current economic environment.  What are the biggest cost drivers today when it comes to litigation and e-discovery?  Is there any likelihood that, given the state of the economy, the e-discovery rules will be revised to take into account that current e-discovery requirements create a tremendous cost burden? Continue reading….

The global business community we live in is faster than ever these days. An email can travel just as quickly from New York to Holland as it can from your office to the office across the hall. However, conducting business across international borders brings with it issues about which legal system dictates these transactions. Add Facebook and social networking to this mix and things get reallly interesting. This is especially true in the complex world of e-discovery.  Read more…

April 21, 2009 - Cross-border discovery represents a challenge for organizations required to gather relevant data in foreign jurisdictions. This quarterly update from The Sedona Conference® provides an overview of discovery, data privacy and protection requirements for e-discovery involving ESI based outside the U.S. Register here.

This recent article by Thomas Y. Allman in the Yale Law Journal Pocket Part stresses that failure to meet discovery obligations is a serious impediment to the fair, prompt and cost-effective resolution of disputes and, in extreme forms, can undermine public confidence in the integrity of the process.

Allman, co-chair of the Steering Committee of The Sedona Conference® Working Group on Electronic Document Retention and Production, writes that “harsh sanctions are appropriately imposed on parties and their counsel when egregious discovery misconduct affects the progress of a case.” Continue reading…

by Conrad J. Jacoby, Esq.

In July 2008, The Sedona Conference®, a non-profit legal think tank well-known for its Sedona Principles regarding preservation and production of electronically stored information in civil litigation, released The Sedona Conference® Cooperation Proclamation.  In it, the Conference suggests that overly aggressive (e.g., “scorched-earth”) discovery tactics reflect a misunderstanding of lawyers’ duty to provide effective advocacy for their clients. Instead, the Proclamation calls on lawyers to work more collaboratively during the discovery phase so that greater time and attention (and money) can be spent on litigating the merits of the underlying dispute. 

The Cooperation Proclamation challenges lawyers to rethink their litigation roles and strategies.  The Proclamation notes that continue…

Tue. Jan. 27 — Join the Executive Director of The Sedona Conference®, former U.S. Magistrate Judge Dean Carroll and members of The Sedona Conference® Working Group on Electronic Document Retention and Production, who will explore the issues addressed in The Sedona Conference® Cooperation Proclamation. More details here.

This past July, The Sedona Conference launched a coordinated effort to promote cooperation by all parties to the e-discovery process. This proclamation outlines The Sedona Conference’s vision for achieving the goal of a “just, speedy and inexpensive determination of every action.” Read the full proclamation here.

From the Preface:

This Sedona Conference® Commentary focuses on the decision making process relating to the preservation of sources of electronically stored information that may contain discoverable information that is “not reasonably accessible.” 

Thursday, July 17 - 1:00 PM EST -  Mary Mack, Jason R. Baron, and James Daley discuss the latest from The Sedona Conference® Working Group on Electronic Document Retention and Production, including the eight practice points from the Search and Retrieval Sciences Special Project Team.  Click here for more information and to register.