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What's the Fuss About Electronic Discovery?

By Anna Jeno
April 8, 2015

The decade-old Zubulake v. UBS case set off a seismic shift in electronic discovery that many lawyers and litigants still don't fully comprehend.  One lesson many have learned the hard way is that the electronic discovery rules and practices that have been developed post-Zubulake must be a regular part of every organization's document management plans.

Zubulake was a standard employment discrimination lawsuit in the U.S. District Court for the Southern District of New York that is now seen as a turning point in electronic discovery.  This article provides an excellent summary of Zubulake and its impact. 

Increasingly, courts are disinclined to tolerate a party's failure to work cooperatively to minimize the cost of eDiscovery, as this plaintiff painfully discovered.   

Give just a moment to consider your organization’s electronic document protocols. Processes should be in place long before any subpoena or request for records arrives.  When your organization is hit with a lawsuit, what is the plan for preserving, requesting, organizing and producing documents? 

The Litigation Technology Team at Ater Wynne manages electronic documents and eDiscovery for clients in litigation of all sizes, from small document collections with just one or two file types to large, complex sets involving terabytes of data, millions of documents, and dozens of file types.  We utilize protocols and best practices developed in-house and multiple eDiscovery software platforms, keeping document management practices up-to-date and satisfying the courts' requirements.

In matters of eDiscovery, an ounce of prevention is better than a pound of cure.  For more information about Ater Wynne’s Litigation Technology Team, contact Kara Lindsay, Chief Litigation Technology Specialist at kzl@aterwynne.com.