I have already mentioned one of the four panels which Stratify is running on Tuesday, 2 February in the Sutton Parlor Center Room at the Hilton in New York. The sessions are as follows:
- 8.30 Can we have our cake and eat it, too? Cooperation vs. zealous advocacy
- 10.15 How much justice can we afford? Rescuing civil justice from the costs of eDiscovery
- 12.45 Is the tail wagging the dog? Winning on the law instead of winning on eDiscovery
- 2.30 The Good, the Bad, and the Ugly? International judges panel comparing different legal systems and eDiscovery approaches
The full list is here .
I cannot go to all of them, but I will certainly be at the one called The Good, the Bad, and the Ugly? International judges panel comparing different legal systems and eDiscovery approaches.
A panel with the label “international” usually signifies that the subject is cross-border discovery. This is not what this panel is about. It concerns comparisons between legal systems, with input from, amongst others, judges from Canada, England and Wales and the US. The panelists are
- Justice Colin Campbell, Superior Court of Justice, Toronto, Canada
- Judge Simon Grenfell, Designated Civil Judge, Leeds and North Yorkshire, England
- Magistrate Judge David Waxse (D.KS.)
- Senior Master Whitaker of the Senior Courts in the Queen’s Bench Division, Royal Courts of Justice, London
- Loren Kieve, Kieve Law Offices
The panel will discuss
- Why UK and other jurists put a premium on proportionality and reasonableness while US courts at times ignore the FRCP’s similar requirements?
- Whether escalating costs will cause the decline of “self-directed” discovery rules in favour of judicially-directed eDiscovery?
- Should losing parties pay litigation costs? Would a “loser pays” regime bring the US justice system back into line with Rule 1 aspirations?
The subjects – proportionality, judicially-directed e-Discovery and the question whether losing parties should pay litigation costs – are topical in all three jurisdictions and deserve to attract a good audience. I will certainly be there.