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Archive for the ‘Arbitrations’ Category

Electronic Discovery in an Arbitration Setting

Posted by rjbiii on December 11, 2009

The ABA has posted an article discussing electronic discovery in arbitration. From the article:

For most attorneys, embarking into the world of electronic discovery (e-discovery) and confronting the costs associated with it represent the single biggest challenge—and headache—in conducting litigation or alternative dispute resolution. The recent proliferation of federal and state laws dealing with electronically stored information (ESI) has exacerbated these hurdles. Against this backdrop of growing legislation and case law, counsel engaged in arbitration are tasked with making sense of how ESI will be approached and harnessed to its most effective use and presentation in an alternative dispute resolution setting without imposing all the courtroom expectations and sensibilities inherent in the traditional litigation setting.

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Morgan Stanley punished for withholding e-mails

Posted by rjbiii on September 28, 2007

[HT: Information Governance Engangement Area]

Information Week reports that the Financial Industry Regulatory Authority has fined the financial services firm $12.5 million dollars:

Morgan Stanley on numerous occasions failed to provide e-mails requested by claimants in arbitration proceedings and regulators, FINRA said.

The financial firm previously had stated that its e-mail servers were destroyed in the 9/11 attacks, resulting in the loss of e-mails archived prior to that date. Morgan Stanley presumably had lost millions of pre-9/11 e-mails, but it was later discovered that they had been restored to the firm’s active e-mail system using backup tapes, which were stored in another location.

Additionally, FINRA found that Morgan Stanley destroyed many of the pre-9/11 e-mails in its possession by overwriting backup tapes that stored e-mail from 11 of its 12 servers and by allowing users to permanently delete e-mail.

In this case, the misbehavior during discovery occurred during arbitration and regulatory proceedings, rather than federal or state court cases. In such proceedings, it might be tempting to try to circumvent “normal” discovery obligations by agreeing to a more relaxed regiment. This might mean a less expensive process, but might not lead to a “just” resolution of the matter.

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