The onset of electronic discovery was predictable and logical, but its effect on business has been disruptive and confusing. Fortunately, electronic discovery (eDiscovery) technologies have been evolving quickly, arguably quicker than the courts in some cases.
The discussions set forth in this blog intend to focus on the gamut of where business, law, and technology intersect. While I was studying for my Masters in Computer Science a professor imparted a key piece of knowledge, theory is distinctly different from practice. This wisdom served me well as I embarked down the technology road. Ironically, as I was being admitted to the New York Bar, a Judge shared the very same words, and again they were on-point. At this writing, the divide between technology and the law is still substantial, but when it comes to the reality gap between theory and practice, they are very much the same. And electronic discovery may be the perfect example.
Through this blog, I will share nuggets of practical information not available in the text books or in the CLE’s and encourage discussion of legal strategies and corollary technologies from the technology and legal camps. The point is not to force agreement on complicated legal or technology matters, but to share perspectives and learn from one another.
Just as it is not the job of the technologist to prepare themselves for a 30(b)(6) deposition a lawyer should not be expected to know the answers to the technology pieces. Collaboration between counsel and technology teams is really the most constructive way to answer these questions and address electronic discovery issues.
In the coming weeks, I’ll cover subjects such as eDiscovery , mergers and acquisitions, lessons learned from past eDiscovery cases and white collar criminal electronic discovery. I’d also like your feedback on subjects or issues you would like to me to cover.
I look forward to getting the conversation started.