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

Book learning

Image by gorbould via Flickr

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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Google Chrome: One Step Closer to Paperless ?

Chrome OS Login

I just applied to be one of the test pilots for the Google Chrome OS. I am very interested in the prospect of having something that is connected to the Internet on a constant. Naturally, as a lawyer, I do have questions about security, confidentiality, practical use in the courtroom, and collaboration with staff. Hopefully, I will be one of the lucky one’s who gets to test this system in earnest.  I have tried, at various times, the Linux-Ubuntu OS, Windows (since its introduction), and Mac options since the 1980’s.  The prospect of a challenger to the old guard provides a clarion call for innovation.  I honestly hope that Chrome can drive innovation in this area — it’s been a while.

From what I can see, the upcoming Chrome OS is extremely user friendly and should be familiar to most of us vis a vis the use of “apps.” I certainly support anything that is quicker and which provides some level of long-term data integrity in terms of storage and accessibility. I am looking forward to becoming familiar with this particular OS and sharing the news as it comes in terms of strengths and weaknesses.
My guess is that the existing Google Apps will go a long way toward basic functionality. I already use Google Calendar, Google Docs, and Picasa for my photos. Each of these programs or services have improved over time and the fact that Google is way ahead with its research and development, I wouldn’t be surprised if they did not start to give Apple a real run for their money in the tablet OS arena and number of apps ultimately available. Much like in the 1980s, I think that Apple will have led the way, but may ultimately be overrun by its own innovation. Anyway, without further opining, you can check out the video showing Google Chrome in action on one of their demo units.
Just click on the video window below for a preview of the Chrome OS in action:

Kno Tablet Could Prove to be Good for Lawyers Too …

Kno Tablet

While specifically designed for the educational community, this certainly looks like it could be a very good prospect for lawyers too.  The split screen could allow for the simultaneous viewing of an exhibit and notes, cases and outlines of arguments, codes, charts, timelines, mind mapping diagrams, and other documents which would otherwise have to be put side by side.

I certainly know that the single screen on the Ipad is limiting, especially while in trial or under the gun by some irritable judge who doesn’t have the patience for clicking or the old alt-tab function (even though flipping through pages would take longer and be louder anyway).  For right now I have been bringing both my laptop and my Ipad with me to evidentiary hearings.  As I have stated in prior posts, the convenience of a slate cannot be overstated.  The only improvement that I can think of is exactly what is proposed by the Kno tablet.  After looking at the specs, capabilities, and basic function, I think that this will prove to be a good addition to the tablet market — if those at Kno are able to grasp the foreseeably positive effect that this could have on the practice of law, which, for better or worse, is sometimes quite the academic venture.  I like what I see so far and hope that the folks at Kno will take a serious look at our industry and think of ways that it could improve efficiency in the courts and at our law schools.