Don’t Take Our Word for It: 3 Judges Weigh in On Improving E-Discovery Practices in Upcoming Webcast
Judges still feel that the typical attorney lacks the required e-discovery competency, and that greater emphasis on cooperation and proportionality offers the best opportunity for improvement. For example, while more parties are making proportionality arguments, many are not making them effectively. Once again, cooperation and education are key.
Regarding the Federal Rules of Civil Procedure (FRCP) changes that have been in place for just over a year, 82% of surveyed judges believe these updates have helped address many existing e-discovery challenges. Rule 37(e), in particular, has provided parties with a framework for protecting themselves from sanctions related to the spoliation of electronically stored information (ESI). However, the rule is still evolving—especially when applied to newer data types.
This makes it essential to stay current with the latest case law in order to understand how courts are interpreting and applying these rules.
The same principle applies to the findings from the Judges Survey—raw data alone is not enough; it must be interpreted. That’s why three of the judges who participated in the survey were asked to provide insights and practical advice on improving e-discovery practices.
Presenters:
- Andrew Peck — United States Magistrate Judge, Southern District of New York
- Frank Maas — United States Magistrate Judge, Southern District of New York (Ret.)
- John Facciola — United States Magistrate Judge, District of Columbia (Ret.)
