Civil Litigation,
Ethics/Professional Responsibility
May 7, 2016
Democratizing e-discovery and the FRCP
Recent cases demonstrate that the struggle referred to by former Chief Justice Warren Burger continues to be expressed through imposition of adverse inferences and other types of sanctions as the "flavor of the day" when it comes to e-discovery.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Thomson Reuters recently published a promotional piece calling attention to the 1978 remarks of Chief Justice Warren E. Burger, urging that justice be delivered "in every case in the shortest possible time and the lowest possible cost." The thrust of the piece is that our "legal system is still struggling" with this concept, especially in the area of e-discovery where the need "is growing so fast."
The following recent cases demonstrate that the struggle referred to by Burger continu...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In