Beats the Burden
Technology By Jim McGann
W
hen a problem exists you can always count on a technologist to invent a solution. Years ago it was easy to be late to a party and claim you simply got lost. Now that everyone has a GPS, this claim is difficult to pull off. And the magic of Tivo has made it primetime anytime, no longer will you have to miss American Idol. Technology is a good thing, it makes us happier (especially if you are an Idol fan who likes to party) and when applied
to our jobs it makes us more productive. The litigation support area has seen many innovations in the past few years, including technology that streamlines the process of identifying and collecting electronically stored information (ESI) in support of legal proceedings. One of the most dramatic changes the industry has seen is the evolution of tools that streamline the collection of ESI. These new tools are also helping to erode the use of the burden argument that was commonly exercised to avoid collection of ESI.
Some signs that the burden argument is eroding include recent rulings and opinions from well respect-
ed authorities like Judge Shira A. Scheindlin who has issued fines and sanctions against plaintiffs coming into her court without the data required to support the case. The judge, and others like her, is knowledgeable about changes in discovery technology and that is affecting the courts attitude toward what is or is not burdensome. Judge Scheindlin states in a recent opinion, “… the courts have a right to expect that litigants and counsel will take the necessary steps to ensure that relevant records are preserved, … and that such records are collected, reviewed and produced…”
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