IT Witnesses - An Essential Part of the e-Discovery Battle
Mark A. Waite of Beirne, Maynard & Parsons, L.L.P.
As the responsibilities for preservation and production of electronic records become clearer, parties and counsel should take a proactive approach to preparing for battles that may develop. As in warfare, the proactive approach is one in which the counsel should wield at least as much command offensively as defensively.
Discovery And Trial In A Family Law Case Under The New Discovery Rules Introduction
Leonard M. Roth, Attorney at Law
After a quarrel, a wife said to her husband, "You know, I was a fool when I married you." The husband replied, "Yes.
EDD Showcase: Ignore EDD at Your Peril
Andrew B. McGill and Mark A. Waite of Beirne, Maynard & Parsons, L.L.P.
Gone are the days when parties and counsel could claim ignorance of the technical and legal issues involved in preserving electronic records associated with matters in litigation. As Judge Shira Scheindlin wrote in Zubulake v. UBS Warburg LLC , 2004 WL 1620866 (S.D.N.Y. July 20, 2004) "Now that the key issues have been addressed and national standards are developing, parties and their counsel are fully on notice of their responsibility to preserve and produce electronically stored information."