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Sent to you by pakurilecz via Google Reader: More "Must Read" 2008
Cases - Part Two via e-Discovery Team by Ralph Losey on 7/20/08
This is Part Two of a three part series reviewing, in alphabetical
order, some thirty 2008 e-discovery cases. These are particularly
interesting and noteworthy cases, but ones not previously featured in
this blog. Part One covered ten cases A-J. Here in Part Two, seven more
cases are written up, using some 4,150 words, but I only get through
two more letters in the alphabet, H-I. That is because there are so
many good "In Re" type cases, which are usually complex cases
consolidated in a single court. These cases frequently involve
important e-discovery issues, as you will soon see.
The first case here is the lone "H" case, Henry v. Quicken Loans, Inc.,
2008 WL 474127 (E.D. Mich. Feb. 15, 2008). Henry involves search
protocols and a questionable decision to change the agreed-upon, and
court-ordered, procedures without telling the other side, or seeking
permission from the judge. The not-so-subtle message of Henry is the
need for communication and openness in e-discovery, especially when
attempting a complex search of a large volume of ESI. The old ways of
extreme adversarial discovery conduct do not work anymore in the new
world of complex e-discovery. You may think you are helping your
client, but, as this first case shows, you are not. More often than not
you just end up making a bad situation worse.


-- 
Peterk
Richmond, Va

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