Sunday, December 18, 2011

Are Connecticut courts ready for new e-discovery rules?

Coming Dec. 25:
What's Goin' On In That Internet Cloud?
See Sunday's Column

Who Will Find Hidden e-Evidence In CT Court Cases?

How Soon Will Defense Attorneys In Civil Cases
Develop Carpal Tunnel
From Hitting
The Protective Order Button

Watch For Interesting Arguments On Those Protective Order Requests

With Andy Thibault


“I don’t think the judges know a lot — even the ones who write the opinions,” attorney Julia Brickell of Columbia University told the New Haven Bar Association last month.

Brickell, a former vice president and deputy general counsel for Philip Morris USA, runs an automated document review firm in New York. She said the costs of electronic discovery — if not managed properly — can be wildly disproportionate to the value of a case ...

“The new rules shine a light on electronic data and make it clear it is a fair subject for thorough discovery,” said lawyer Alinor Sterling of the Bridgeport firm Koskoff, Koskoff & Bieder. “It’s my job as a lawyer to persuade the judges as to why I am entitled to certain data.”

... One potentially big loophole is Sec. 13-14, which allows judges to excuse the “loss” of electronically stored information “as the result of the routine, good-faith operation of a system or process in the absence of a showing of intentional actions designed to avoid known preservation obligations.”

Qualified computer operatives could easily present a good-faith showing while hiding information in a series of widely-divergent databases ...

Bill Murray is president of EdocMasters LLC, a company that takes the mystery out of e-documentation for the legal industry. Andy Thibault, author of books including Law & Justice In Everyday Life, blogs at The Cool Justice Report,

Complete Postings At
JRC / Digital Media First

  • Complete Column At New Haven Register

  • Complete Column At Torrington Reigster Citizen

  • Last Week's Column: Missing Evidence In Deepwater Horizon Debacle

  • Murray's Short Bio:

    Bill Murray is a self taught forensic computer technician.

    He has more than 30 years experience with computers. At 16 he wrote -- with the help of a teacher at his high school -- the senior class textbook on computer technology. Later, he was old enough to take his own class.

    Bill has worked in a variety disciplines including software development, administration, security and desktop support in the manufacturing, banking, investment insurance, medical and legal industries. He was a pioneer in the computer compact disk retail market.

    He is president of EdocMasters LLC, a company that takes the mystery out of e documentation for the legal industry

  • Law & Justice @ Amazon

  • Law & Justice @ Barnes & Noble

  • Law & Justice @ Facebook

  • twitter@cooljustice

  • No comments: