E-Discovering America: Discovery and ethics in the technology era
A lecture presented by the Cardozo Cyberlaw Society, featuring Mr. Paul W. Garrity, Partner, Kelley Drye & Warren LLP, on Columbus Day, Monday, October 8, 2007.
Technology has been changing the way law is practiced. It can increase efficiency, allow for greater flexibility and provides many other benefits. It also can add much complexity to the process of discovery. Law firms are learning how to deal with the massive amount of work sifting through potentially terabytes of data, looking for what they must provide their opponents, while screening out material that is privileged. In addition, lawyers often face related questions, both technical and ethical:
- What do you do if your opponent sends you an email with metadata that reveals confidential information?
- Who should bear the cost of discovery when it pertains to searching and restoring data from 1980, on ancient storage medium?
- What issues are involved in outsourcing e-discovery to specialized firms?
Every attorney must recognize these issues when they arise - ignoring them comes at the peril of malpractice.
Mr. Garrity, a partner at Kelley Drye & Warren LLP, is an expert on legal technology issues. He has litigated disputes involving trademark infringement, patent infringement, false advertising, trade secrets, copyright infringement, the DMCA, dilution, trade dress, parallel imports and counterfeiting before various federal courts and the U.S. Patent and Trademark Office. Mr. Garrity has wide-ranging experience in Internet-related matters, including domain name arbitration proceedings and disputes involving the Computer Fraud and Abuse Act, cybersquatting, "phishing," meta-tagging, and keyword advertising. He has lectured extensively on discovery and technology.
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