New York, NY, December 28, 2011 --(PR.com
)-- With Electronic Discovery (eDiscovery) costs continuing to spiral out of control in complex litigations, the U.S. District Court for the Southern District of New York’s (SDNY’s) 31-member Judicial Improvements Committee, in a joint bench and bar effort, is the latest to tackle the still sometimes blurred lines guiding the intricacies of eDiscovery as part of their new Pilot Program for Complex Cases (effective November 1, 2011). This latest effort joins similar projects already undertaken in the District Courts of Delaware and the 7th Circuit, making those blurred lines increasingly clearer as their common trends continue to gain steam. First and foremost emerging among these trends – counsel not being knowledgeable and competent in the realm of Electronically Stored Information (ESI) will have costly consequences.
In response, Global Digital Forensics is currently offering new clients a free two hour client consultation to help ensure your eDiscovery is always up to snuff.
Of special interest in this latest project is the inclusion of the Joint Electronic Discovery Submission and [Proposed] Order, which must be signed and submitted to the court by parties’ counsel. In short, this will require parties to show they are sufficiently knowledgeable in matters relating to their client’s technological systems and are competent to discuss issues relating to eDiscovery. The new project also requires parties to discuss the implementation of a data preservation plan, the identification of potentially relevant ESI, as well as the systems, players and protocols involved, and the defensible methods to be used in the search and review of ESI.
Early Case Assessment (ECA) will also take on a much more critical role as counsel will need to show they have analyzed all of the client’s relevant data repositories and will be required to produce a cost estimate for the production of all relevant ESI. Time will become more critical as well, as the courts will be pushing for an in-person pre-trial conference within 45 days (60 days for a government entity) of service on any party.
“The SDNY Pilot Program is another step in the right direction to solidify some rules of the road when digital evidence is involved,” said Joe Caruso, CEO/CTO of Global Digital Forensics. “For counsel, like our clients, who have correctly engaged in eDiscovery all along, the changes will seem trivial because for an eDiscovery vendor like us, the steps that will now be required are really the way we have been taking care of business all along. Our job is, and has always been, to be the competent and knowledgeable professionals for our clients, professionals who understand and excel in every facet of eDiscovery, from identification and extraction, through analysis, production and expert testimony. Right out of the gate we know the first steps taken in a case set the machinery in motion. So, we develop and employ the best tools and procedures available for quality Early Case Assessment in every case to eliminate blind 'leaps of faith' for our clients, putting the information at their fingertips to make the crucial decisions from a risk, cost, relevance and benefit perspective. Once the 'big picture' is clearly in view, we help our clients fit all the rest of the eDiscovery puzzle pieces together to give them the very best chance for a successful resolution while avoiding the common pitfalls that can lead to failure, sanctions, or worse.”
So as the legal world continues to address eDiscovery and hammer out process, protocol and procedure related to digital evidence and ESI, don’t let it become an unnecessary burden, turn it to into an advantage with an eDiscovery vendor like Global Digital Forensics that can keep you out of the mud in the trenches and have you standing tall on the actual field of battle, helping clients win where it counts most … in court.
Call Global Digital Forensics today at 1 (800) 868-8189 and take advantage of a free two hour consultation regarding your case. You’ll see what a difference it can make when you have the right eDiscovery professionals on the job. With nothing to lose, but everything to gain, why wait?
You can also visit www.globaldigitalforensics.com
for additional information about what GDF can do for you in the world of ESI.