Duty of Cooperation In E-Discovery: What Does It Really Mean
•
1 like•874 views
Presentation on e-discovery, the "duty of cooperation" case law and rules, in federal civil litigation, under United States law.
Recommended
More Related Content
Viewers also liked
Similar to Duty of Cooperation In E-Discovery: What Does It Really Mean
Similar to Duty of Cooperation In E-Discovery: What Does It Really Mean (20)
More from Seth Row
More from Seth Row (20)
Recently uploaded
Recently uploaded (20)
Duty of Cooperation In E-Discovery: What Does It Really Mean
- 1. The ‘Duty’ of Cooperation in E-Discovery Seth H. Row Parsons Farnell & Grein LLP Portland, Oregon
- 2. In this presentation we will cover… Where did this “duty” come from? What ever happened to zealous advocacy? What should my outside counsel be doing in this situation…
- 3. Where did this ‘duty’ come from? Genesis: The Sedona Conference Cooperation Proclamation What judges are saying/being told Waxse, “Cooperation – What Is It and Why Do It,” XVII Rich. J. L. & Tech. 8 (2012) FJC “Managing Discovery of Electronic Information: A Pocket Guide” Standing order/pilot programs Case law about cooperation
- 4. What ever happened to zealous advocacy? Ethical rules – what do they actually say? Commentariat: ethics and cooperation can be reconciled Court view: use of e-discovery games (or discovery games at all) as part of “advocacy” is improper because advantage gained is merely time/money, not “on the merits”
- 5. What should my outside counsel be doing? The Rule 26(f) conference – do I have to disclose… …preservation steps? …custodians? …legacy systems? …search terms? What if the opposing party misspells a search term? What if they don’t ask for the right custodian? I have a lot of data, the plaintiff has almost zero…
- 6. Kleen Products, LLC, et al. v. Packaging Corporation of America, et al. , Case: 1:10-cv- 05711, Document #412 (ND, Ill., Sept. 28, 2012). Dispute over use of “TAR” (aka predictive coding Two day evidentiary hearing – then conferences Take away: the degree to which a party needs to proactively disclose information depends on the issue raised. In some cases, a party will need to disclose facts not known to the opponent in order to fulfill the duty to cooperate
- 7. Other cases discussed… In Re: National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation, MDL No. 2121 (S.D. California, December 19, 2011) (search terms) Chura v. Delmar Gardens of Lenexa, Inc., No. 11-2090-CM-DJW, 2012 WL 940270 (D. Kan. Mar. 20, 2012) (preservation) Vasudevan Software, Inc. v. Microstrategy Inc., No. 11-cv-06637-RS-PSG, 2012 WL 5637611 (N.D. Cal. Nov. 15, 2012) (search)
- 8. For more information, please contact: Seth Row, srow@pfglaw.com