After several years of escalating sanctions from key judges (including the East Coast posse of Shira Scheindlin, Andrew Peck, James Francis, Paul Grimm, and John Facciola, and Texan Lee Rosenthal), lawyers are starting to push back. Especially defense lawyers with Fortune 500 clients.
One of the loudest is Robert Owen, a partner at Sutherland Asbill & Brennan, who argues that electronic data discovery preservation rules (and judicial interpretation of those rules) have become too vague and too burdensome. He has proposed five new rules to remedy the perceived problems.
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