CEIC 2011: Judges Focus on E-Discovery Challenges

Patrick Burke The CEIC Panel on “Judicial Perspectives on E-Discovery” featured US Magistrate Judge David Waxse (D. Kansas), Chief Judge Donald Shelton, Washtenaw Trial Court (Ann Arbor, Michigan) and retired US Magistrate Judge Ronald Hedges (D. New Jersey). CEIC attendees were treated to the judges’ views on which recent cases deserve attention from in-house e-discovery lawyers, the challenges of social media and the cloud, the effective use of Federal Rules of Evidence 502, and the development of electronic discovery law in state courts. Attendees also had an opportunity to pose questions and get answers directly from thought-leading judges.

A few tidbits from the judges’ comments:

-- “Everyone who must produce documents say its burdensome. But the standard for relief isn't burdensomeness; it’s when its unduly burdensome," Judge Hedges

-- “The best solution to most e-discovery disputes is to put the IT people from the two sides together to work out a solution, rather than fight about it," Judge Waxse

-- “Half the states have substantially adopted FRCP 26. But 'substantially' varies," Judge Shelton

-- “Everyone’s always talking about the benefits of moving to the cloud. We haven’t yet seen the burdens. We don’t know what the real costs of cloud computing are," Judge Hedges