Rockin’ Out the E-Law
ABA Journal, July 2008
This ABA Journal article certainly got our attention as it points out the “rock star” e-discovery judges including U.S. District Judge Shira A. Scheindlin, Magistrate Judge John M. Facciola, Chief Magistrate Judge Paul Grimm, Magistrate Judge David J. Waxse, Senior U.S. District Judge Rudi M. Brewster and Magistrate Judge James C. Francis, many of whom we’ve previously mentioned on this blog.
The author discusses some of the pivotal decisions these judges have made regarding e-discovery and notes that a deep understanding of technology and discovery has led these six to become the “final word in e-discovery.” As respected computer forensics expert Craig Ball noted, “[a]nytime these judges write an opinion, it’s treated like a papal encyclical…They really influence other judges, who act like these are the rock stars of their profession.”
Judge Grimm, who rendered the famous opinion in the case Lorraine v. Markel, explains the importance of judges in the e-discovery process, saying, “[t]echnology changes so fast that the rules can’t keep pace unless we’re there to apply them.” As Grimm demonstrated in his 52-page opinion in Lorraine, there are many aspects to e-discovery that need careful consideration and preparation in order to ensure your evidence is ready for admission, especially if you’re appearing in front of one of these rock stars.