From Findlaw: “E-Discovery in 2010 – It Doesn’t Have to Be Perfect”

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By Stacy Jackson (Findlaw.com) for Complete Article CLICK HERE.

The advent of e-discovery has given birth to a new field of ancillary litigation — discovery about discovery. Parties are busy looking for what’s missing, in the hopes of making their opponent “the spoliator”. You see, once you label the opposing party as “the spoliator” the riches can be many – including an adverse inference jury instruction and cold, hard cash in the form of sanction.

So, it’s a good thing that this years’ overarching e-discovery theme is “perfection” – more accurately, a lack of perfection. It’s all right that your preservation, collection and production efforts aren’t perfect – as long as they are reasonable and performed in good faith. Consider the two most prominent cases of 2010 – Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Sec., LLC , 685 F. Supp. 2d 456 (S.D.N.Y. 2010) and 269 F.R.D. 497 (D. Md. pt. 9, 2010) .

Perfection is not expected, but you cannot conduct discovery in an “ignorant and indifferent fashion.”

About the Author of the Original Article on Findlaw.com

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About Richard D. Ackerman
Rich Ackerman is a litigator in Southern California. He has litigated a number of high profile cases and is regularly contacted by media outlets concerning his views on constitutional issues of the day. He is a Director of the Riverside County Bar Association, Chair of the RCBA Continuing Education Committee, served as President of the Mt. San Jacinto College Foundation (2008-10), and taught philosophy at Santa Ana College and Santiago Canyon College for nearly a decade. Rich has also published a number of newspaper articles, magazine articles, and published a textbook during the time he was teaching. He has presented on various topics before the California Legislature, KTLA, FoxNews, the O'Reilly Factor, NPR, and a variety of other places. His curriculum vitae is set forth at www.avvo.com/attorneys/92563-ca-richard-ackerman-48193.html . He is available for presentations to local bar associations, law schools, and other engagements.

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