Judges aren’t always known as the most technologically savvy lawyers, but federal district court judges Shira Scheindlin in Manhattan and Lee Rosenthal in Houston have fearlessly plugged themselves into the complex and convoluted world of e-discovery. The two judges have helped shape the ground rules for the preservation of electronic evidence — especially when it comes to sanctioning lawyers for failing to meet their responsibilities.
But as two recent decisions show, the two judges remain far apart when it comes to putting those rules into practice. Scheindlin is taking a much tougher line on lawyers who fail to meet e-discovery obligations than her Texas counterpart. Which standard prevails could have a major impact on the risks for counsel in e-discovery disputes.
