2009-11-21 Seventh Circuit Announces eDiscovery Pilot Program
Back after a looong break. Posts will be somehwat shorter...but will remain informative, and opinionated. And, so...
On October 1, 2009, the U.S. Circuit Court of Appeals for the Seventh Circuit announced the deployment of Phase One of the not surprisingly titled: “Seventh Circuit Electronic Discovery Pilot Program.” Phase One is effective between October 1, 2009 and May 1, 2010.
This document sets forth both a statement of purpose and preparation of principles for parties engaging in electronic discovery practice in matters before district, bankruptcy, and magistrate court proceedings in the Seventh Circuit. To the best of my knowledge, this is the first circuit-wide program of its kind in the United States. The document is 21 substantive pages in length.
The document is well written, and the assistance in its drafting by technology types is evident throughout.
Document link:
www.7thcircuitbar.org/associations/1507/files/Statement1.pdf
That said, I found especially helpful the proposed ESI discovery standing order, the text of which represents a significant step forward in reducing eDiscovery disputes. Of particular note are the sections addressing cooperation (1.02), eDiscovery Liaisons (2.02), Production Format (2.06), and Education (3.02).
Failure to cooperate in connection with ESI discovery is now expressly sanctionable in all district, bankruptcy and magistrate court proceedings in the Seventh Circuit (See Section 2.01).
BlogNote: This is a great start.
Practice Note: Think this is merely a wish list? Think again. I attended a status conference two weeks ago in connection with an eDiscovery, er, disagreement (another native format battle, wouldn’t you know) and the magistrate judge in the Northern District of Illinois before whom we appeared stated on the record that the Court was adopting the proposed standing order, effectively immediately, and would resolve the parties’ disagreement in accordance therewith.
Kudos to the Seventh Circuit.
SWT
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).
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