Last year was surprisingly quiet on the electronic data discovery front. Perhaps the bench and bar are getting more sophisticated and technology savvy. Or perhaps the courts implicitly recognized the current state of flux. Or, possibly, the industry is evolving from what was once considered cutting-edge and novel to what is emerging as best practices.
Cooperation
In years past, cooperation and EDD competence have been singled out by judges. This year was no exception. In U.S. Bank National Association v. PHL Variable Insurance Co., No. 12-CV-6811 (S.D.N.Y. Apr. 22, 2013), U.S. Magistrate Judge James Francis IV urged litigants to take seriously their cooperation obligation to reduce the number of disputes that could be resolved without court intervention. This is not an unexpected charge given that the U.S. District Court for the Southern District of New York implemented a pilot program two years ago to increase awareness and cooperation in EDD. In 2013, the Eastern District of Michigan followed suit with a “Meet and Confer Checklist and Model Order Related to the Discovery of Electronically Stored Information.”
Proportionality
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