“Alarming” is the word Shawn Cheadle, general counsel of Lockheed Martin Space Systems, used on last week’s ACEDS webcast to describe the facts of one in a series of recent cases that has imposed new context, considerations and, in some instances, legal requirements on the tricky e-discovery issues practitioners increasingly face. Preservation of mobile data in a BYOD environment. Protecting the contents of an internal investigation from disclosure to an adversary. Fending off over-broad advances on employee cell phones. Yes, these circumstances can startle, but appropriate preparation and a tight grasp of emerging case law go far in successfully navigating disputes, avoiding sanctions, and handling sensitive data with the requisite care. On January 28, ACEDS hosted a panel of experts to give guidance, lessons and reactions to the 2014 cases that most impacted the profession. Cheadle was joined by US district Judge Xavier Rodriguez, in the Western District of Texas, and David Stanton, partner at Pillsbury Winthrop Shaw Pittman in Los Angeles. Philip Favro, senior discovery counsel at Recommind, convened the panel and moderated.
Provided below is an overview of the cases the panel addressed, followed by the presenters’ reactions and guidance.