Cataphora: Discussions (November 21, 2005)

The role of the defense attorney is not an easy one, nor is it for the faint of heart. The articles in this issue of Discussions explore some of the slings and arrows that may come the way of counsel representing a large organization.

Our feature article is the first part of a two-part piece by Cataphora's Sonya Sigler, Esq. In the article, she addresses some of the implications - by no means all positive - for defense counsel of the much-anticipated new Federal Rules of Civil Procedure, as they apply to electronic discovery.
A brief but powerful piece by Charlene Browlee of Fulbright & Jaworski highlights the vital importance of implementing well-considered data retention policies.
We were particularly interested in a commentary from across the Atlantic about the implications of the well-known Zubulake rulings. Attorneys who are familiar with these might want to skip the review of the case itself and jump ahead to the commentary, which is distinctly more negative about these rulings than most opinions in the United States.

> New Rules for Electronic Evidence: The Case for the Defense

By Sonya Sigler

Many defense attorneys already feel that they are condemned to the role of Sisyphus, eternally pushing a rock up a mountain. Now, they believe, the burden of the proposed new Federal Rules of Civil Procedure adds additional rocks with which to toil. One of the broadest-reaching objectives of the new rules is to make much more transparent the process for reviewing electronic data. We examine implications and strategies concerning these proposed changes, particularly for counsel representing organizations which hold large amounts of electronically stored information.

Visit http://cataphora.com/out.php?go=qsb72 to read the rest of the story

> When Corporate Records Run Amuck, So Does Justice

By Charlene Browlee

There can be dire consequences for companies that do not have proper records management and "litigation hold" procedures in place. Arthur Andersen and UBS Warburg are just two examples of companies that have suffered (fatally, in the case of Andersen) as a result of records management-related lawsuits. What mistakes should you avoid, and what steps can you take to make sure you or your corporate clients are not next?

Read the story on the Fulbright & Jaworski website at http://cataphora.com/out.php?go=976ax

> Litigation Management: E is for E-disclosure

By Stephen Mason

This British take on the Zubulake rulings questions several of the principles put forth by Judge Scheindlin, including the idea of allowing respondents to plead that backups are "inaccessible"; sampling of data; and the principle of cost-shifting which may be decided, in part, on the ability of the plaintiff or plainiff's lawyers to pay. Read about it in Legal IT at http://www.legalit.net/ViewItem.asp?id=25185

Discussions is sent periodically to our friends and colleagues in the legal profession. We hope you find it useful - please feel free to contact us and let us know at emailnewsletter@cataphora.com.

This newsletter is also available online at http://www.cataphora.com/newsletter/20051121/index.html


	November 21st, 2005 The role of the defense attorney is not an easy one, nor is it for the faint of heart. The articles in this issue of Discussions explore some of the slings and arrows that may come the way of counsel representing a large organization. Our feature article is the first part of a two-part piece by Cataphora's Sonya Sigler, Esq. In the article, she addresses some of the implications - by no means all positive - for defense counsel of the much-anticipated new Federal Rules of Civil Procedure, as they apply to electronic discovery. A brief but powerful piece by Charlene Browlee of Fulbright & Jaworski highlights the vital importance of implementing well-considered data retention policies. We were particularly interested in a commentary from across the Atlantic about the implications of the well-known Zubulake rulings. Attorneys who are familiar with these might want to skip the review of the case itself and jump ahead to the commentary, which is distinctly more negative about these rulings than most opinions in the United States. > New Rules for Electronic Evidence: The Case for the Defense By Sonya Sigler Many defense attorneys already feel that they are condemned to the role of Sisyphus, eternally pushing a rock up a mountain. Now, they believe, the burden of the proposed new Federal Rules of Civil Procedure adds additional rocks with which to toil. One of the broadest-reaching objectives of the new rules is to make much more transparent the process for reviewing electronic data. We examine implications and strategies concerning these proposed changes, particularly for counsel representing organizations which hold large amounts of electronically stored information. Visit http://cataphora.com/out.php?go=qsb72 to read the rest of the story > When Corporate Records Run Amuck, So Does Justice By Charlene Browlee There can be dire consequences for companies that do not have proper records management and "litigation hold" procedures in place. Arthur Andersen and UBS Warburg are just two examples of companies that have suffered (fatally, in the case of Andersen) as a result of records management-related lawsuits. What mistakes should you avoid, and what steps can you take to make sure you or your corporate clients are not next? Read the story on the Fulbright & Jaworski website at http://cataphora.com/out.php?go=976ax > Litigation Management: E is for E-disclosure By Stephen Mason This British take on the Zubulake rulings questions several of the principles put forth by Judge Scheindlin, including the idea of allowing respondents to plead that backups are "inaccessible"; sampling of data; and the principle of cost-shifting which may be decided, in part, on the ability of the plaintiff or plainiff's lawyers to pay. Read about it in Legal IT at http://www.legalit.net/ViewItem.asp?id=25185 Discussions is sent periodically to our friends and colleagues in the legal profession. We hope you find it useful - please feel free to contact us and let us know at emailnewsletter@cataphora.com. This newsletter is also available online at http://www.cataphora.com/newsletter/20051121/index.html