Tuesday, October 4, 2011

eDiscovery Trends: Opinions...Everybody Has One



http://ow.ly/6MPAN

A blog post by Doug Austin on his blog eDiscovery Daily.

This blog post discusses Ralph Losey's blog, and the current survey that is available on Mr. Losey's blog. A link to the survey on Ralph Losey's blog is provided in the article.

The survey consists of several questions, including the following:
  • Should courts routinely enter umbrella confidentiality protective orders during the discovery phase of the case?
  • Should the public have a right to see all information filed with a court?
  • Should all information accepted into evidence in a trial be disclosed to the public?
  • Should Plaintiffs in civil suits have a right to protect from public disclosure any of their confidential information that is directly relevant to their case?
  • Should Defendants in civil suits have a right to protect from public disclosure their confidential information that is directly relevant to the case?
  • Should corporations have the same privacy rights as individuals?
  • Is lack of privacy a problem in the United States?
  • Are you concerned about your employer's right to read your email?
  • Would you like stronger U.S. privacy laws where no one can read your email and other personal communications without your permission? (multiple answers allowed)
  • Would you like to see privacy protection on the Internet strengthened?
  • Do you agree with Patrick Oot? (and his criticism of eDiscovery certification programs)
  • Do you think there is a need for certification of expertise in the field of electronic discovery?*
  • Do you think there is a need for extensive training programs in e-discovery law?
  • Do we need to amend the Federal Rules of Civil Procedure again soon to address e-discovery issues?
  • Do we need to amend the FRCP to add one or more new rules on preservation?
  • Should the rules be amended to limit the scope of relevancy in discovery?
The blog post of Doug Austin provides some insight into the comments seen thus far on the polling results of the survey, and offers some of his own commentary and opinions.

What are your thoughts on these topics?  Feel free to read Doug Austin's post, and then go to Ralph Losey's blog and take the poll.


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