Over the years, Digital Government Institute (“DGI”) has had the privilege to hear from a variety of luminaries from the Judiciary, including Judges Facciola, Lamberth, Peck and Francis. DGI is delighted that United States Magistrate Judge Elizabeth Laporte from the Northern District of California will be participating (March 22nd) in its 15th Annual E-Discovery & Records and Information Management Conference.
Appointed in April 1998, Judge Laporte presides over civil (patent, trademark, copyright, business litigation, employment, civil rights, etc.) and criminal cases. Judge Laporte has participated in dozens of educational programs, worldwide, regarding patent litigation, e-discovery, jury trials, etc. and is considered one of the top judges in the country with respect to e-discovery.
Even before the (December) 2015 updates to the Federal Rules of Civil Procedure, Judge Laporte expected “parties to take responsibility for efficient discovery. She reflected [at a LegalTech event] that justice cannot be carried out if litigation is too costly, and most discovery occurs outside the supervision of the court.” Shortly after the Rules Amendments took effect, she emphasized “parties’ duties to cooperate under Rule 1 to ensure the just, speedy and inexpensive determination of every case, and to achieve proportionate discovery under Rule 26 that facilitates a just determination on the merits.“ The Northern District of California E-Discovery (ESI) Guidelines & Checklist cover, inter alia, Cooperation, Discovery Proportionality, Preservation, Meet and Confer, etc. Guideline 3.01 (Judicial Expectations of Counsel) details what Counsel should be familiar with, to wit, discovery provisions of the Federal Rules of Civil Procedure, The Advisory Committee Report on the 2015 Amendments, the Court’s Guidelines, as well as the Court’s Checklist.
The hottest topics in E-Discovery are Preservation, Proportionality and Technology Assisted Review (and other applications of machine learning and artificial intelligence to large data sets). Preservation of Electronically Stored Information (“ESI”) has always been challenging (for both the private and public sectors) due to the rapid proliferation of technology, communication channels and data itself. Government is obligated to manage/produce its ESI (including within the FOIA context) in the same way the private sector is (sometimes, with fewer resources). Records and Information Management is foundational to enabling the Legal Office of Agencies and other government entities to meet its litigation, investigation and FOIA obligations (and to do so in a timely manner). Join DGI March 22nd to learn more about these topics, including during the Fireside Chat with Judge Laporte.
 The work Judge Laporte and former US District Judge Martin Jenkins did defining the boundaries of property rights and contractual rights in the licensing of digital works was so important, they are credited with the “Jenkins-Laporte doctrine.” https://en.m.wikipedia.org/wiki/Jenkins–Laporte_doctrine.
 Summary of December 2015 Amendments to the Federal Rules of Civil Procedure (December 7, 2015) https://www.orrick.com/Insights/2015/12/Summary-of-December-2015-Amendments-to-the-Federal-Rules-of-Civil-Procedure.
 Tara Emory, What the Judges Said: Top 10 Takeaways from LegalTech Judges Panel DRIVEN http://www.driven-inc.com/what-the-judges-said-top-10-takeaways-from-legal-tech-judges-panel/.
 Monica Bay, The Circuit: Legaltech New York 2016 ABOVE THE LAW (January 20, 2016) https://abovethelaw.com/2016/01/the-circuit-legaltech-new-york-2016/