Conrad J. Jacoby’s commentary offers perspective on the complexities and nuances of technology innovations, in the home and in the office, causing him to reflect on how incomplete or incorrect impressions of how a responding party organizes and manages its business records impacts knowledge management and e-records.
Conrad J. Jacoby’s focus for this column is smaller legal disputes that may involve electronic evidence, including divorce proceedings and child custody matters, as well as criminal cases, all of which may require review of cell phone call records, SMS and e-mail exchanges.
Conrad J. Jacoby addresses how critical technology issues related to document authenticity and document-associated metadata have left fewer lawyers willing to accept e-mail messages and other electronic documents in print format. He argues that litigants choosing to produce electronically stored information in hardcopy format should be prepared to provide more complete electronic copies of their production, even when it isn’t initially requested by opposing counsel.
In spite of great financial investment to produce these documents in a way that satisfies competing litigation needs of authenticity and full native functionality, litigants continue to disagree on a production format for these documents, according to Conrad J. Jacoby.
Conrad J. Jacoby examines the recent case of Southern New England Telephone Company (“SNET”) v. Global NAPS, Inc. as an example of how stonewalling and committing perjury, especially with respect to electronic discovery matters that can be independently validated, remains a poor litigation strategy.
Conrad J. Jacoby focuses on two recent cases that emphasize the credibility problems counsel can face in the context of e-discovery – and suggest that outside assistance may be the only way for some counsel to demonstrate that these materials are being managed in a competent and trustworthy way.
Conrad Jacoby documents how recent lawsuit and countersuit between the law firm of Sullivan & Cromwell and the e-discovery service provider EED provide a convenient summary of common problems that can arise when processing electronically stored information on a tight timeframe.
Conrad Jacoby’s commentary focuses on the tangible and implied impact to the litigation landscape in 2007 in the wake of amendments to the Federal Rules of Civil Procedure.
E-Discovery Update: Deconstructing The “Not Reasonably Accessible” Standard For Production Of Electronically Stored Information
Conrad J. Jacoby clearly documents how the 2006 amendments to the Federal Rules of Civil Procedure impact litigants regarding the proper scope of electronic discovery.
Conrad J. Jacoby addresses the issues of whether discovery requests served on the company also extend to home computers, cell phones, and other equipment personally owned by employees of the company.