For our July issue of the Discovery Update we have chosen articles covering several different legal perspectives on e-Discovery issues, as well as a couple of app reviews that I think you will enjoy.
Have a great July!
Proportionality and Making it Easy
By Ralph Losey
Every judge who has ever struggled with discovery issues wishes that the lawyers involved had a better understanding of proportionality, that they had spent more time really thinking about how it applies to the requisites of their case. So too does every lawyer who, like me, specializes in electronic discovery. As Chief Justice Roberts explained in his2015 Year-End Report on the Federal Judiciaryon the new rules on proportionality:
The amended rule states, as a fundamental principle, that lawyers must size and shape their discovery requests to the requisites of a case. Specifically, the pretrial process must provide parties with efficient access to what is needed to prove a claim or defense, but eliminate unnecessary or wasteful discovery. The key here is careful and realistic assessment of actual need.
GDPR Means Changes to eDiscovery Vendor Agreements
By Leonard Deutchman
Typically, a client obtaining e-discovery services enters into an agreement with an e-discovery vendor. Such agreements may be for a single provision of services, but if the client is a regular client of the vendor, the parties will often enter into a master agreement that sets forth key legal and business terms, with a statement of work drafted for each provision of services setting out the particulars of that engagement.
Recently, parties are adding a separate set of provisions: obligations arising from the European Union’s General Data Protection Regulation (GDPR) (EU) 2016/679, a regulation in EU law that took effect on May 25 and which addresses both data protection and privacy for all individuals within the European Union and the export of personal data outside the EU. In this month’s article, I will discuss how the requirements of the GDPR have resulted in changes to client/vendor e-discovery agreements.