In this episode of Digital Detectives, Sharon Nelson and John Simek interview ESI preservation expert James Kurz about how Rule 37(e) works and what the consequences are for the future of ESI preservation. Kurz explains that the rule, which only deals with ESI, proposes a three part test before considering spoliation issues: the ESI should have been preserved in the anticipation or conduct of litigation and is lost, the ESI was lost because the party failed to take reasonable steps to preserve the information, and the missing information cannot be restored or replaced with additional discovery. If this test is passed, the federal court may then impose remedies, or if intention is proved, order more serious sanctions. He explains that Rule 37(e) will make a more homogenous legal process for e-discovery, and will solve some of the controversy surrounding the costs of ESI preservation and e-discovery for businesses. Although the rule faces the Judicial Court, Supreme Court, and then Congress, Kurz believes it will go through and be effective in December 2015.
Archives for September 2014
Virginia State Bar President Kevin Martingayle has appointed Sensei President Sharon Nelson to serve on the Special Committee on the Future of Law. The Committee will study and report on a number of issues, including the ownership of law firms by non-lawyers, which is currently prohibited in Virginia.
Sensei Enterprises sponsored a wine tasting at the Wine House in Fairfax as a way to bring young lawyers together with members of Law Practice Management (LPM) Section. All young lawyers need to know something about LPM. Sharon Nelson, Former Virginia State Bar (VSB) President, had many discussions with the young lawyers about involvement with the VSB. It was a great event that Sensei was honored to sponsor!
Sensei’s VP, John Simek, has recently created and published an Information Technology blog called Your IT Consultant. Your IT Consultant offers news and advice on information technology topics, including computers, laptops, tablets, smartphones, operating systems, security, networks, wireless networks, software applications – and the ability to ask questions!