Last week I attended the 8th Annual Sedona
Conference Institute Program, “eDiscovery in a New Era: New Technologies, New
Media, New Rules.” During the initial session, leaders polled the audience as
to how many were first-timers at the event, and a significant number of attendees
raised their hands. I've attended the annual event for the past four years, and am encouraged to see more people taking an interest in improving their e-discovery
processes.
Zubulake Opinions Still the Standard
This year’s program focused on drawing a finer point
on specific issues. Case law is always of interest, but discussions still
mostly continue to refer back to cases such as the now classic Zubulake v. UBS Warburg, which led to the issuance of a
groundbreaking series of opinions on electronic discovery from Judge Shira
Scheindlin prior to the 2006 amendments to the Federal Rules of Civil Procedure
(FRCP). At the 2014 Sedona Conference Institute Program and going forward, we are simply
further defining the questions at issue. No sea change in opinion or
ramifications of these opinions was in evidence this week.
