I thoroughly enjoy being a part of a workshop like this because it’s not just a talking head up in front going through PowerPoint slides – it’s a day and a half of interactivity, with panelists and attendees sharing stories and tips they’ve learned in their years of dealing with e-discovery.
Other participants on the panel included:
- Gayle Absi of Absi Legal Technology, Ltd. (who has a nicely re-designed Website)
- Debra Bernard, Partner at Perkins Coie LLP
- Julie Brown, Litigation Technology Manager at Vorys, Sater, Seymour, and Pease LLP
- Mason Evans, Counsel at Porter Wright Morris & Arthur LLP
- Jennifer Freeman, Legal Consultant from Kroll Ontrack
- Sue Kaiser, Litigation Support Project Manager at Jones Day
- Rick Lettieri, Manager of Major Accounts for Kroll Ontrack
- Tom Smith, Partner at K&L Gates who also contributes to the fantastic www.ediscoverylaw.com blog
During the course of our excellent and enlightening discussions, Tom Smith brought up an article that he had authored entitled “Now Watch the Lawyers Blitz” printed in the Legal Times in March 2008. In the article, Tom does an brilliant job of addressing the issue of electronic evidence spoliation by describing the facts around “Spygate” where the New England Patriots football team was caught videotaping the defensive signals from New York Jets’ coaches.
The NFL reportedly obtained all the tapes from the Patriots and subsequently destroyed them after they claimed to have reviewed them. People speculated that the tapes helped quaterback Tom Brady predict when opponents would blitz. Senator Arlen Specter (R-Pa.) sent a letter to NFL Commissioner Roger Goodell in December 2007 calling the destruction of the tapes “highly suspicious.”
Tom does an innovative job of paralleling the Spygate story with the concepts of “reasonable anticipation” of litigation and spoliation of potentially relevant evidence. The piece is a fun read.
Link to article.