A new survey on 103 e-discovery cases from the first half of 2010 shows that sanctions are up, along with motions to compel. It also shows that judges are fed up with hide-the-ball aggressive tactics, and continue to urge attorneys to learn how to cooperate. Cooperation is an important trend, but it requires hard work to make it happen. In the words of Andy Warhol: “They always say time changes things, but you actually have to change them yourself.”
The Law Firm Behind the Survey
This survey was created by Gibson Dunn, an 1,000 plus attorney firm with offices around the world. Gibson Dunn started a practice group earlier this year that they call Electronic Discovery and Information Law. A quick review of their website shows that none of the four partners who chair the firm’s group are full-time e-discovery lawyers. They are instead accomplished trial lawyers in various fields. But the Vice-Chair of the group, an attorney promoted to an Of Counsel position because of her work in this field, Farrah Pepper, is a full-time professional in electronic discovery. The firm’s press release explains that she was the driving force behind the formation of this new practice group. As Andy Warhol said: “It’s not what you are that counts, it’s what they think you are.”
Farrah Pepper and her group did an excellent job of research and analysis of 103 e-discovery opinions issued between January 1st and June 30th 2010. This does not purport to be exhaustive list. In fact, they do not share how they selected these cases. This is one suggestion I have for them to improve the year-end report, which they promise to prepare and share for all of 2010.
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Source: e-discoveryteam.com
By: Ralph Losey
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