Tagged: Collection Methods

Southern District of New York Implements Pilot Program to Require Early Identification & Resolution of E-Discovery Issues in Complex Cases

The Judicial Improvements Committee of the Southern District of New York issued a report announcing the initiation of a Pilot Project Regarding Case Management Techniques for Complex Civil Cases (the “JIC Report”) in October 2011. The pilot project, which became effective on November 1, 2011, is designed to run for 18 months and for now, applies only to specific matters designated as “complex cases.” The project, which seeks to enhance the caliber of judicial case management, arose out of recommendations from the May 2010 Duke Conference on Civil Procedure and E-Discovery. This blog posting focuses on that portion of the pilot program devoted to the discovery of electronically stored information (“ESI”).

Analyzing “Care, Custody or Control” for Preservation and Production of Electronically Stored Information

A party has an obligation under the Federal Rules of Civil Procedure to produce materials — including electronically stored information (“ESI”) — within their “care, custody or control.” Rule 34 of the Federal Rules construes this to mean either “the legal right” or “the actual ability” to obtain the materials; and New York courts have broadly interpreted this obligation to extend to documents and materials that a party has the “right, authority, or practical ability to obtain.” See In re NTL, Inc. Securities Litigation, 244 F.R.D. 179, 195 (S.D.N.Y. 2007).

Gibbons Fourth Annual E-Discovery Conference: Panel Discussion On Emerging Technologies In ESI Preservation, Collection And Processing

Gibbons Fourth Annual E-Discovery Conference concluded with a panel discussion on emerging technologies in the management of electronically stored information (“ESI”). The panel discussed the burdens of e-discovery and offered presentations on emerging technologies to make ESI management and production more cost effective, efficient and least disruptive of business.