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

As jurors go online, U.S. trials go off track

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updated 12/8/2010 9:43:29 PM ET

ATLANTA — The explosion of blogging, tweeting and other online diversions has reached into U.S. jury boxes, raising serious questions about juror impartiality and the ability of judges to control courtrooms.

A Reuters Legal analysis found that jurors‘ forays on the Internet have resulted in dozens of mistrials, appeals and overturned verdicts in the last two years.

For decades, courts have instructed jurors not to seek information about cases outside of evidence introduced at trial, and jurors are routinely warned not to communicate about a case with anyone before a verdict is reached. But jurors these days can, with a few clicks, look up definitions of legal terms on Wikipedia, view crime scenes via Google Earth, or update their blogs and Facebook pages with snide remarks about the proceedings.

The consequences can be significant. […] See More

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