<b><i>Online Extra:</b></i> Judge Scheindlin Praised by e-Discovery Leaders for Departing from the Bench

'Judge Sheindlin has had a profound impact on the course of e-discovery in U.S. civil litigation,' concurs Maura R. Grossman, an attorney at Wachtell, Lipton, Rosen & Katz and adjunct professor at Columbia Law School. 'Her seminal decisions in'Zubulake'gave birth to ' indeed, set the standard for ' much of the e-discovery juris prudence that has followed. Her subsequent efforts, first as a member of the Civil Rules Advisory Committee, and later as chair of the Southern District of New York's Judicial Improvements Committee, helped to shape the 2006 rules amendments and the S.D.N.Y Pilot Project, which sought to address the challenges posed by ESI [electronically stored information.]”

Beyond these achievements, Withers, Scheindlin and Fordham's Daniel J. Capra were the co-authors of the first casebook on electronic discovery and digital evidence,'Electronic Discovery and Digital Evidence, Cases and Materials, published by West. It is now in its third edition and a companion Nutshell version is in its second edition.

'Judge Scheindlin's influence in the e-discovery field cannot be underestimated,' added Steven C. Bennett, an attorney at Park Jensen Bennett and co-chair of the New York State Bar Association Committee on Electronic Discovery.

Speaking as an individual, Bennett said, 'Her rulings in the'Zubulake v. UBS Warburg'series of opinions were so seminal that they were partially absorbed into the Federal Rules of Civil Procedure.'Her involvement as a member of the Advisory Committee on Civil Rules, as a frequent speaker with groups such as the Sedona Conference, and through her co-authorship of a valuable textbook on e-discovery issues, among many other contributions, mark her as a key participant in the continuing dialogue on developing fair and efficient procedures for electronic discovery.'My great hope is that she continues to contribute to that dialogue.'

'Since the dawn of the e-discovery era, Judge Scheindlin's groundbreaking decisions anticipated and resolved issues that most of us hadn't even begun to see, and her writings shaped the national debates for the ensuing decade,' said Robert'D.'Owen, an attorney at Sutherland Asbill & Brennan and president of the Electronic Discovery Institute.”She has been an energetic, ubiquitous and brilliant presence on the speaking and writing circuits.”

Moreover, Patrick L. Oot, a co-founder of The Electronic Discovery Institute who is a partner at Shook, Hardy & Bacon, noted how Scheindlin's rulings 'have shaped the practice of discovery law for over a decade.' Judge Scheindlin has volunteered countless hours of her time to educate practitioners throughout the legal community ' including a program we organized for federal government employees at the SEC [Securities and Exchange Commission].'

First named a federal judge in 1994, Scheindlin has been a member of the Judicial Conference of the United States Advisory Committee on the Federal Rules of Civil Procedure, where she was a member of the Discovery Subcommittee and chair of the Special Master Subcommittee. She is a member of the Advisory Board of the Sedona Conference. She has also been an adjunct professor of law at Brooklyn Law School, and a frequent lecturer.

When it comes to early proponents regarding e-discovery, Withers said, 'she was really spearheading this.'

One of her former clerks, Ryan Micallef, now general counsel and engineer at Fast Forward Labs, recalled how'Zubulake 'resulted in an entire industry of discovery vendors to help lawyers and parties comply with litigation requirements. Immediately after my clerkship, I had to help implement electronic discovery plans in private practice. And Fast Forward Labs works with technologies that overlap with data and language processing, so I'm coming full circle in a way.'

Beyond the'Zubulake'case, she is well known for her decision in'Pension Committee of the Univ. of Montreal Pension Plan v. Banc of America Securities, LLC'on sanctions'though sources said there is some disagreement on that ruling among her colleagues in which Scheindlin found herself restating the rules when applying litigation holds in cases. More recently, she was seen as critical of Amendment 37e in the changes found in the Federal Rules of Civil Procedure.

'She left her mark'. She has been a leader. She has been recognized nationwide as a leader,' Withers said. 'I expect that she will continue to be a leader.'

– Ed Silverstein, Legaltech News

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