Post Process

Everything to do with E-discovery & ESI

Interview with Mark Sidoti (Gibbons, P.C.) on Electronic Discovery Conference

Posted by rjbiii on September 10, 2007

Metropolitan Corporate Counsel has an interview with Gibbons P.C.’s Electronic Discovery Group’s chair, Mark Sidoti. The discussion focuses on his firm’s upcoming conference, the emergence of electronic discovery as a distinct field of practice, and the changes that the information systems have wrought on the practice of law. In discussing changes to FRCP 26(f), Mr. Sidoti says:

Amended Rule 26(f) involves a number of changes, but the principal one is that the parties are now obligated to have a discussion about how they are going to handle their e-discovery issues before they have their initial conference with the court. That entails disclosing the electronic documents that may be relevant to the case, describing how those documents are maintained, identifying the person or people most knowledgeable about them and the company’s IT infrastructure, and designating the format of production for electronic documents and similar issues. Also, the parties must disclose their objections to producing certain types of electronic data, for example, data they might consider “inaccessible” as the new rules and commentary define that term. Because this obligation is still relatively new, and parties continue to struggle with how to effectively conduct these meetings, our conference will include a mock demonstration of such an exchange moderated by Michael Arkfeld, who is a nationally recognized expert and author on e-discovery topics.

These days, one of the first tasks counsel must undertake in any litigation, is an understanding of his or her client’s information systems. Every corporation’s in-house counsel is well advised to have procedures in place to make the learning process as painless as possible.

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