Litigation
Jul. 15, 2011
Making sure there is “value-added”: Use e-discovery referees that know the technology and the law
Counsel should be aware before agreeing to an e-discovery neutral or referee that it can be a double-edged sword. By Daniel B. Garrie of Alternative Resolution Centers
The importance of discovery referees such as special masters is increasing with the quantity of electronic data at issue in many cases. A discovery referee is a neutral person appointed by a court, arbitrator, other decision-making body, or the parties themselves, to make factual determinations in complicated cases. In e-discovery disputes, for example, discovery referees are increasingly being appointed and tasked with reviewing technical com...
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