In his blog post, Losey does not disappoint. He picks cases that explore the inherent authority of judges vs. the limitations of newly amended 37(e), proportionality and text message deletion, and format of production; whether prejudice and intent to deprive must be proven for the most rigorous sanctions. Other points of interest include proportionality, as applied to forensic analysis, production of an employee's mailbox upon request of the employee, and the preservation obligations of plaintiffs.
Losey's analyses dives deep into the facts of each case, and extensively quotes the words of each judge regarding the e-discovery process, preservation or production before the court. There are also pictures of each jurist, making visible the deep bench of judges who understand electronic discovery. Move overediscoverylaw, there's a new reference in town.
This e-discoveryteam blog post is generously available as a PDF downloadand is required reading for guiding e-discovery behavior in the new year.
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