Overview
Law360 quoted Zoe Osborne in an October 18 article titled "Dechert Hits Rare Drama In Common Discovery Snafu."
The article discusses how an attorney’s incriminating text messages were uncovered after disclosure period in a malfeasance case with a their former client. Though problematic, late disclosure is commonplace in commercial litigation, as evidence is often buried in parties' digital systems.
Osborne stresses the importance of knowing where to look, highlighting that where digital search tools fall short, witnesses should direct their attorneys to the evidence. "Where the person for whom data is being collected is still alive, I would expect him or her to be able to identify gaps in disclosure, which then allows the IT team to investigate further," said Osborne.
The full article can be read at Law360 (subscription required).
