E-Discovery Problems Highlight Need to Amend CPLR
New York Law Journal
New York insurance partner Jeffrey Winn wrote this article discussing the need to update the Civil Practice Law and Rules in the changing landscape of electronic documentation.
From the Article:
The recent case of Einstein v. 357 LLC discloses the need for the New York Legislature to amend Article 31 of the Civil Practice Law and Rules to relieve stress on the courts with respect to the discovery of electronically stored information (ESI). Judges are struggling to apply antiquated rules forged long ago in a document-only world to ESI-disclosure disputes that drafters of the CPLR never envisioned. Parties are bedeviled with escalating costs caused, at least in part, by the lack of clear rules. These stresses frustrate the dispute resolution process because they tend to tie up resources and delay justice.