2008-10-26 Technology, Business and Litigation: Sword, Weakening Shield
This excerpt from AAB Joint Venture v U.S. , 75 Fed Cl. 432 (2008) provides what is perhaps an emerging judicial resistance to the defense of excessive burden presented by eDiscovery (as contradistinguished from non-e-Discovery):
"To permit a party “to reap the business benefits of such technology and simultaneously use that technology as a shield in litigation would lead to incongruous and unfair results.” Linnen v. A.H. Robins Co., No. 97-2307, 1999 WL 462015, at *6 (Mass.Super. Ct. June 16, 1999)."AAB Joint Venture v U.S. , 75, Fed Cl. 432, 443 (2008)
Thoughts and comments from a lawyer-technologist about cybersecurity, privacy, and complex litigation, but with a twist of (or perhaps twisted) technology and electronic discovery. And the occasional on or off-topic rant. Cautionary Note: Nothing contained in this blog is intended to be, should be construed as, or considered to be, legal advice. If you require legal assistance, contact an attorney in your jurisdiction.
About Me
- Steven Teppler
- Jacksonville, Florida, United States
- Partner, Sterlington, PLLC. Jacksonville, FL. Cybersecurity, Privacy and Complex Litigation; Admitted in NY, DC, FL IL and NJ. Co-Chair, American Bar Association Information Security Committee.
Publications
»The HIPAA Technology Challenge: Protecting the Integrity of Health Care Information, California Health Law News – Volume XXVI, Issue 1, Winter 2007/2008
»Spoliation of Digital Evidence – A.B.A. SciTech Lawyer Magazine, Fall 2007,
»Life After Sarbanes-Oxley – The Merger of Information Security and Accountability (co-author) 45 Jurimetrics J. 379 (2005)
»Digital Signatures Are Not Enough (co-author); ISSA, Jan. 2006
»State of Connecticut v. Swinton: A Discussion of the Basics of Digital Evidence Admissibility (co-author), Georgia Bar Newsletter Technology Law Section, Spring 2005.
»Foundations of Digital Evidence, (contributing author) American Bar Association (July 2008).
»Spoliation of Digital Evidence – A.B.A. SciTech Lawyer Magazine, Fall 2007,
»Life After Sarbanes-Oxley – The Merger of Information Security and Accountability (co-author) 45 Jurimetrics J. 379 (2005)
»Digital Signatures Are Not Enough (co-author); ISSA, Jan. 2006
»State of Connecticut v. Swinton: A Discussion of the Basics of Digital Evidence Admissibility (co-author), Georgia Bar Newsletter Technology Law Section, Spring 2005.
»Foundations of Digital Evidence, (contributing author) American Bar Association (July 2008).