Civil Litigation
Sep. 17, 2011
E-Discovery: Production of documents in plastic bags scores low on 'bell curve’
Those who still treat the discovery process as a nuisance only to be tolerated will pay.
A. Marco Turk
Emeritus Professor, CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Since e-discovery is a relatively new concept, there are few published California cases considering ESI (electronic stored information) issues. However, decisions dealing with "paper trail" discovery many times are relevant also in the electronic arena. Such is the case with the recent published decision in Kayne et al. v. The Grande Holdings Ltd. 2011 DJDAR 13593 (2nd Dist. Sept. 2, 2011) , which bears careful reading. It is interesting that the opinion was ordered published sinc...
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