Civil E-Discovery Pocket Guide

 In e-Discovery, Litigation

Over the last 10-15 years, there has been a great deal to absorb regarding e-Discovery. In particular, Judge Scheindlin was a trailblazer with the Zubalake (basically, traditional discovery rules apply to e-discovery) and the Montreal Pension Plan (failure to preserve relevant ESI can be considered gross or willful negligence). When I took on responsibility all e-discovery globally at a Fortune 100 company, I immersed myself in the world of Zubalake.  After spending untold days reading case law and watching presentations, etc., I was in a state of shock when I stumbled across the Electronic Discovery Pocket Guide for Judges published by the Federal Judicial Center. That sounded good to me. My goal, after all, was to stay out of trouble with judges. So why not read what the judges are reading. It turned out to be very useful. The other day I, when I learned that this 2nd edition had come out, I pulled out my copy of the first edition of the FJC Judge’s Pocket Guide. If it was a guitar, it would have been a “roadworn relic.” Heavily marked up, dog-eared, highlighted, coffee stained, and rough around the edges. Tha’s just how useful I found it designing and implementing e-Discovery compliance processes and in managing e-Discovery for large dockets and for huge cases.

So now here comes the 2nd edition. A welcome sight and I highly recommend it.