A new New York rule on e-discovery not only signals cooperation in e-discovery, it requires it. On September 2, New York’s Commercial Division will benefit from Rule 11-b, otherwise known as the revised privilege log practice.
Suevon Lee, in a story in LTN’s sister publication, the New York Commercial Litigation Insider, reports the new rule will require parties to meet before and after litigation to discuss the scope of document review and encourage methods to simplify the process, such as categorized designations of documents as opposed to itemized listings.
The rule encourages parties in litigation to share the costs of hiring a special master to sort out issues over privilege logs and to designate a lawyer who will supervise the process and communication the information with the court. According to Lee, should parties not comply, they may be subject to attorneys’ fees or protective orders from the judge.
Most of the attorneys Lee reached out to were in support of the new rule, suggesting it will save parties money and time. But some say it could provide parties with less details about documents, which would make it more difficult when challenging an adversary.
Attorney Marlisse Silver Sweeney is a freelance writer based in Vancouver. Twitter: @MarlisseSS.
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