InsideCounsel Roundtable - May 2010 - 10

Roundtable
the judges so they can start understanding e-discovery issues better. Michels, Cisco: Not that I want to differ with my esteemed colleagues, but the thought of paying a special master … Beaumont, Google: Well, in certain instances if a special master will save us from having a judge simply say without analysis, “Give them what they want,” then I suspect we’d be willing to pay for that. Chakraborty, Oracle: Preservation is possibly the biggest challenge facing large enterprises today. The standard today is to preserve and produce data in the form in which it is held in the regular course of business. That’s all fine if it is a production system and the enterprise uses it. But what happens if the enterprise decides to upgrade? What if your technology is obsolete and you need to move over to an entirely new system? If you migrate from the old system to the new one, you may be open to spoliation claims, even though you did the best you could to move all the data and metadata over. Are you supposed to run two parallel systems, one for litigation and one for business?

Jim Tallman, DataCert President and CEO

10

n

I n s I d e c ounsel

n

spec Ial report

InsideCounsel Roundtable - May 2010

Table of Contents for the Digital Edition of InsideCounsel Roundtable - May 2010