Listen to Karl Schieneman, Adjunct Analyst with the E-Discovery Journal and Founder of Review Less, a predictive coding consultancy, as he moderates part 2 of a discussion on over processing and over collecting ESI (for part 1 of 2, please click here). We will discuss whether the Rules of Civil Procedure need to be amended again to better address over collection and spoliation sanction risks, which is a problem illustrated by an internal analysis done by Microsoft and presented to the Advisory Committee and its Discovery Subcommittee back in September of 2011.
Our guests for the first program who are rejoining us include Federal Judges Joy Flowers Conti from the US District Court from the W.D. of Pennsylvania and Paul W. Grimm from the US District Court from the District of Maryland, as well as David Howard, Corporate Vice President and Deputy General Counsel for litigation at Microsoft. We also added Tom Gricks, head of the predictive coding department at Schnader Harrison Segal & Lewis. Tom was included because we are taking the general concepts of over collection and how the rules are amending into a more Nirvana-like discussion of how over collection might be addressed today in litigation. For this show, we will discuss how in-house data illustrating today’s tendency to over collect might be weaved into a cooperation discussion and legal arguments to reign in the process. We will also discuss how tools like predictive coding are impacted by over collecting ESI. It is interesting as we go beyond case law and try to use common sense to discuss if there are solutions to this problem. The other option might be to continue with the status quo and wait for new federal rules to try and bail us out.