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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.” 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.”
Case law in the past 3 years, most notably in Zubulake v. UBS Warburg, 2003 WL 21087884 (S.D.N.Y. May 13, 2003) decision, has expanded a corporate counselor's Danis duty to “know thy e-data.” See also Zubulake v. UBS Warburg, 216 F.R.D. 280 (S.D.N.Y. 2003). 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 (ie, how easily it can be restored and produced) and how much the whole process is going to cost.
The Archeological Expedition for e-Documents
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Major Differences In UK, U.S. Copyright Laws
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