Crane on Law by James Crane

Well, IQPC's E-Discovery Conference was a big success. Our discussion was well received, and I gained some important insights from the other speakers and attendees. One of the programs featured Chief US Magistrate Judge Andrew Peck of the Southern District of New York and Chief District Judge James Rosenbaum of the District of Minnesota. Both gentlemen were extremely interesting and tech-savvy, and posed some thought-provoking items.

Some of my favorite offerings from the Judges:

Judge Rosenbaum, on why it is hard for corporations to invest in pre-litigation measures:
Lawsuits are not exactly profit centers.

On why one can argue that metadata should not be admissible:
How is metadata related to a claim or defense? Who is the declarant, Bill Gates, the computer itself?

Judge Peck, on the relevance of Qualcomm to e-discovery:
Qualcomm is not an e-discovery case, it is an ethics case.

(I wholeheartedly agree with his Honor here and would say the same for the Morgan Stanley case. Be transparent.)

On the abuse of e-discovery against information heavy parties:
Discovery is to confirm your theory, not to find your lawsuit.

Thank you, gentlemen, for the lively discussion.