General counsel and e-discovery counsel from large corporations and other organizations argued for e-discovery reform last month, but some of their complaints might be caused more by their own practices than by the burden of e-discovery rules. In September, the Judicial Conference Subcommittee on Discovery held a mini-conference on preservation and sanctions in Dallas to discuss what problems or issues organizations were having in preserving electronically stored information (ESI).
Many of the in-house counsel speakers made some strong arguments that the Federal Rules of Civil Procedure and current discovery landscape was overly burdensome. Yet their self-described practices for litigation readiness and e-discovery can be described as lacking. However, with a few adjustments to their litigation readiness and records management programs, these in-house counsel might find the rules less onerous.