Credibility Concerns, Tactful TAR Application Top Trends for Spring E-Discovery Case Law
Exterro's spring 2017 recap of e-discovery case law highlighted changing views on technology in litigation.
June 23, 2017 at 02:21 PM
5 minute read
Technology is pushing rapid evolution in litigation, and one way to get a pulse on the changes in store is keeping abreast of e-discovery case law. Exterro does this on a quarterly basis, sponsoring a webcast covering what a panel of legal and e-discovery experts believe is need-to-know e-discovery case law.
|The Ambiguity of 37(e)
In the spring 2017 edition, a panel legal and e-discovery experts agreed upon key observations prevalent in the cases discussed. One theme touched upon was how “judges are finding ways to get out of 37(e) land” and “craft their own sanctions based on their inherent authority,” said James Keuning, director of practice support at Briggs and Morgan. “That was predicted when the amendment was coming up, and it's just interesting that it's continuing.”
“37(e) land” was integral to the first case in discussion, Hsueh v. N.Y. State Dep't of Fin. Sers, a case out of the Southern District of New York that Mike Hamilton, Exterro director of marketing programs, said perhaps “creates more ambiguity around Rule 37(e).”
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