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Michael Hamilton
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For the legal world, these rulings hammer down the point that e-discovery rules must be followed. Within the e-discovery process, judges no longer will allow any sort of gamesmanship that eludes cooperation and communication. Parties will be forced to meet and confer for negotiation of an agreement “without the court having to micro-manage e-discovery.” In these conferences parties should be prepared and backed up with comprehensive reports to argue for preservation parameters that best fit their own needs. Like anything within the legal realm, change is slow moving, but major corporate parties like Facebook better realize that this change is real and e-discovery rules will be enforced.
Commented Jun 20, 2011 on Facebook "Form" of Internet Production Denied at Electronic Discovery and Evidence
Facebook "Form" of Internet Production Denied
Even though the parties signed a confidential agreement, Facebook attempted a novel disclosure process which was soundly rejected by the Court. The Court stated: "Second, Plaintiffs state that, rather than producing documents directly, Facebook instead has uploaded certain documents to a websit...
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Jun 20, 2011
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