The NBA, Donald Sterling, and the Inevitable Flood of Discovery to Come, by Dennis Kiker, Esq., Consultant at Granite Legal Systems

29 Apr 2014 9:10 PM | Chere Estrin (Administrator)
The NBA ban and $2.5 million fine, as well as the NBA's stated intention to force the sale of the Clippers, will undoubtedly spawn litigation, which will in turn generate significant e-discovery. The first issue is that of authenticating the audio tape. Though technically not an e-discovery issue, there will be chain of custody issues, and the parties relying on the tape will have to demonstrate through testimony or other evidence that it has not been tampered with.

Beyond the tape, however, there is likely to be flood of discovery intended to corroborate the statements made on the tape through other communications by Sterling. Similarly, the media has reported that Stiviano has taken at least one post down from Instagram. There may be interest in finding out what other social media postings that she took down after the recorded conversation took place. From Sterling's perspective, he may seek to prove that he is being unfairly singled out, and seek discovery of other similar, but less public, situations handled by the NBA, including internal communications and documentation.

These and other issues that may come up, damages for instance, will all be supported by information that is stored on computers. Though a surprising number of attorneys seem to ignore it, the fact is that virtually all communication and information is created and stored on computers, so every case is, in truth, an e-discovery case. The volumes and complexity of data will vary case by case, but modern discovery necessarily involves electronically stored information. So, it is incumbent upon attorneys and their staff to think about and prepare for the identification, preservation and eventual production of that information.

Authored by Dennis Kiker, Esq., Consultant at Granite Legal Systems
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