Electronic Discovery Law

Posted at 8:27 AM on April 1, 2010 by K&L Gates

New York State Unified Court System Report Makes Recommendations for Improved Handling of E-Discovery

In New York, Chief Judge Jonathan Lippman and Chief Administrative Judge Ann Pfau released a report recommending improvements for how electronic discovery is handled in New York State Courts. The report, based on “extensive research and interviews with experts in electronic discovery”, addresses the problems of electronic discovery, including cost and delay, and provides several recommendations on how "the courts can manage e-discovery in a more expert, efficient and cost-effective manner within the framework of existing law."

“Key recommendations” as identified by the press release announcing the report include:

- Establishment of an e-discovery working group to serve as a statewide resource for expertise and training;

- An addition to the Preliminary Conference form to highlight e-discovery issues and responsibilities;

- Consideration of a court rule requiring counsel appearing at the preliminary conference to be competent to discuss client technology systems;

- A pilot project designating e-discovery specialists to assist judges in supervising and resolving protracted e-discovery disputes;

- Creation of an e-discovery journal by the judiciary reporting relevant decisions and trends; and

- Pilot projects in selected courts regarding disclosure of e-discovery issues and e-discovery compliance.

A full copy of the report is available here.

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