The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Henry Kelston, Senior Counsel at the law firm of Milberg LLP, to discuss the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, examines the recent departures in case law from the notable Zubulake standard.
Keep up to date with the latest E-Discovery happenings. Subscribe to E-Discovery Rediscovered.
The landmark Zubulake e-discovery decisions were the first of many to transform a narrow duty not to spoliate into a much broader duty to affirmatively preserve all possibly relevant evidence when there exists a “reasonable anticipation of litigation.” But have these judicial opinions gone too far? In the December edition of Law Technology Now, Robert Owen, a partner at Sutherland Asbill & Brennan, says it’s time to shift gears and restore the balance. He talks with Monica Bay, editor-in-chief of Law Technology News, about his five proposed rules that he says will prevent substantial injustices, yet be comprehensive and comprehensible.