PART 2. Reaching into the archives from my BNA shows, this was one of my favorite shows. Taped on June 17, 2008, it was interesting because we literally had 2 panelists attacking each other in disagreement on what Goliath has to produce to David and what’s really fair. It was also I believe the first CLE program to tackle the topic of fairness in electronic discovery when Davids and Goliaths meet. In all of my experiences in E-Discovery CLE’s, I have never heard an exchange like this. With hindsight it was professionally handled by both parties, but at the time it felt like an edgy show of which I could have lost control. The all-star panel was fantastic. They were Patrick Oot, Verizon’s head of electronic discovery; Kevin Esposito, Director of E-Discovery at MetaJure; Marie Lona, chair of the electronic discovery practice group at AmLaw 100 law firm Winston Strawn; Ronald Hedges, a former magistrate Judge from New Jersey who is an electronic discovery consultant; Tom French, solo practitioner from the French Law Firm; and Luke Santangelo, solo practitioner from Santangelo Law Offices.
We looked at electronic discovery from David’s perspective: Not having many electronic records to produce but looking at being dumped on with an onslaught of electronic records. Also some of the concerns with fairness from judges and their reaction to economic arguments from the defense side. We also talked to Goliath, the defense side of most cases. We asked their opinion on the various stages of an electronic discovery case, understanding they were incurring significant costs right away in the case. As you can hear, David and Goliath did not agree on much. This was a very entertaining program.