Do Lawyers Know How To Blitz?

I was honored to participate on a West LegalWorks/Kroll Ontrack panel entitled E-Discovery: An A-Z Workshop that was held in Cleveland, OH on June 24 & 25.

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:

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.

football.jpgThe 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.