Account

Sign in to access your account and subscription

Demonstrating the True Burden of e-Evidence

Approximately 3 years ago in <i>Danis v. USN Communications</i>, Magistrate Judge Schenkier stated: "At some point, a party and/or its attorneys must be held responsible for knowing what documents are discoverable and where to find them." He prefaced this statement by reasoning that we cannot create a loophole in the discovery rules by allowing counsel to argue: "Judge, we just didn't know those tapes existed." <BR>Case law in the past 3 years, most notably in <i>Zubulake v. UBS Warburg</i>, decision, has expanded a corporate counselor's Danis duty to "know thy e-data." <i>See also Zubulake v. UBS Warburg</i>. Counsel representing today's 21st century companies need to know more than simply where electronic evidence resides; they also have a duty to know if that data is accessible (<i>ie</i>, how easily it can be restored and produced) and how much the whole process is going to cost.

18 minute read December 01, 2003 at 01:53 PM
By
Kristin M. Nimsger
Demonstrating the True Burden of e-Evidence

Approximately 3 years ago in Danis v. USN Communications, 2000 WL 1694325 (N.D. Ill. Oct. 23, 2000), Magistrate Judge Schenkier stated: “At some point, a party and/or its attorneys must be held responsible for knowing what documents are discoverable and where to find them.”

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Most firms are aiming their newest tools at the work they already do — pouring their most powerful technology into running the same tasks a little faster. But when everyone automates the same tasks at once, no one pulls ahead. That reaches the future a little faster while leaving a firm’s largest opportunity untouched — and that opportunity isn’t doing more of the existing work, but transforming how the high-value work gets done.

June 01, 2026

Artificial intelligence is rapidly embedding itself into legal workflows, but much of the conversation treats all use cases as if they carry the same level of risk, even if they do not. The more useful question is not whether AI works, but where it can be safely applied and where it cannot.

June 01, 2026