Civil Litigation
May 21, 2011
e-Discovery: Better Watch Out, Santa Claus Could Be Coming to Town...for Your Opponent
Battling out e-discovery disputes in the courtroom can end up doing more harm than good.
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.
"The world was a far different place in 1849, when Henry David Thoreau opined (in an admittedly broader context) that '[t]he process of discovery is very simple.'" With that opening, Shira A. Scheindlin, U.S.D.J. (Manhattan Federal Court) opened her opinion and order dated May 13, 2003, in Zubulake v. UBS 217 F.R.D. 309 (S.D.N.Y. 2003). She explained, "That hopeful maxim has given way to rapid technological advances, requiring new solutions to old problems. The issue presented her...
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