From the President

I really appreciate your recent feedback on our Discovery Update and your suggestions for topics to cover.  Thank you for taking the time to respond.

This month we have selected articles on e-discovery from a variety of angles:  Rule 26 application to ESI, working with your legal team for best results on ESI, and viewpoints on ESI from both lawyers and clients.  Some of this may help with your e-discovery challenges.

Best regards,

Sheila Atkinson-Baker

Rule 26 and How it Applies to Electronically Stored Information

By Kathryn Cole, Farrell Fritz Attorneys

Electronic discovery (a/k/a ediscovery and e-discovery) is the process of identifying, preserving, collecting, preparing, reviewing, and producing electronically stored information (“ESI”) in the context of a legal or investigative process.   In order that counsel may bring discovery issues (including e-discovery issues) to the forefront early on in the development of a case, the Federal Rules of Civil Procedure impose on counsel certain obligations.  These obligations include, but are not limited to, requiring counsel to participate in a Rule 26(f) conference and requiring counsel to making certain initial disclosures pursuant to Rule 26(a).  Note that these obligations are imposed upon counsel irrespective of whether there is ESI relevant to the dispute.  However, competent counsel should be prepared to attend the 26(f) conference educated as to their client’s electronic data content and infrastructure, including any data that may be difficult or costly to produce, and should be further prepared to discuss issues like inadvertent production of privileged materials and phasing of discovery.

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What Lawyers are Really Asking About eDiscovery Behind Closed Doors

By Tom O'Connor, Advanced Discovery

I recently participated in the San Francisco Exchange program put on by Today’s General Counsel, along with Bob Little, a marketing colleague at Advanced Discovery.  While I typically learn something of interest at industry events, the insights from this meeting were a bit more surprising.  First, a little background.

The Exchange is a remarkable annual program held in six cities around the country; its distinction arises from its format.  Instead of the traditional – and passive – “talking heads” panel, the Exchange features interactive and engaging roundtable sessions.  No PowerPoint presentations or one-way pushing of information and agendas.  Participants enjoy the unexpected luxury of focused discussions, led by a team of experts following a loose and flexible agenda that evolves along with the dialogue and the direction from the group.

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