Seven Factors for Weighing e-Discovery

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Bob Alberti <alberti () sanction net>
Date: Fri, 06 Jun 2003 17:20:13 -0500
To: David Farber <dave () farber net>
Subject: Seven Factors for Weighing e-Discovery

Here's an interesting decision that may help guide future court cases
involving electronic data.

http://www.abanet.org/journal/ereport/j6discovr.html

An excerpt:

"The ruling, Zubulake v. UBS Warburg, 02 Civ. 1243 (SAS) was written by
Judge Shira Scheindlin. The decision addresses one of the thorniest
questions facing trial lawyers–how to handle the mountains of electronic
evidence that are now available for discovery in many trials.

"Scheindlin lists seven factors to test in order to determine which side of
a case should pay for electronic discovery, and she notes that, contrary to
previous procedures, not all the factors carry equal weight.

"A typical discovery phase of a trial involving a large corporation might
turn up hundreds of CD-ROMs, each containing the equivalent of 30,000 to
40,000 printed pages. Electronic records aren’t very expensive to access,
but the time and expense of sorting and wading through them can be."

Bob Alberti, CISSP, President          Sanction, Inc.
Phone: (612) 961-0507                   PO Box 583453
http://www.sanction.net           Mpls, MN 55458-3453



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