As the great basketball center Wilt Chamberlain liked to say, no one roots for Goliath. On electronic discovery issues, the Securities and Exchange Commission can be the clumsy giant. To the professionally aggrieved defense bar, the SEC’s agents are bullies, making an art form out of asking for too much from besieged general counsel. To displeased federal judges, they’re simply inappropriate, dumping mega-files on outmanned defendants. Now it’s up to Patrick Oot, the commmission’s new special counsel for electronic discovery, to bring if not peace, at least a spirit of cooperation to these warring camps.
Oot knows the turf. Before joining the SEC, he served for five years at Verizon, as director of electronic discovery and senior litigation counsel. There, he created an e-discovery team and helped establish company policies; served as primary liaison for federally-mandated “meet and confer” conferences; and helped acquire and develop software.
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