Recorded Conversations, Public Scrutiny, and Resulting Sanctions: All Data Leads to Discovery

30 Apr 2014 12:07 PM | Chere Estrin (Administrator)
News surrounding the NBA’s sanctions against Donald Sterling is flooding the internet with buzz ranging from Clippers’ fans ready to restore focus on their play-off team, to ethical divides about the events transpired that resulted in the now infamous recorded private conversation. While the circumstances have been handled out of court thus far, little doubt remains that somewhere down the line, a case will be filed. What considerations will be admissible? How will eDiscovery occur? And, what are the methods that could be employed to make or defend a case of this nature?

Herb Roitblat, Chief Scientist and Chief Technology Officer at OrcaTec and OLP Board of Governors member, offered his comments on the matter, “The old adage is, don’t say or write anything down that you don’t want to appear on the front pages of the New York Times, or in this case, the Los Angeles Times. No matter who is involved, there’s bound to be a case at some point from this. And, central to that, there’s bound to be questions concerning who knew what and when?”

“If Sterling’s remarks on the recording released last week are any indication, there’s likely to be other similar remarks lurking in other electronic repositories of data, including mobile phones, tablets, and VoIP,” said Fernando Pinguelo, Esq., Partner/Chair, Cyber Security & Data Protection and Crisis Management groups at Scarinci Hollenbeck, and OLP Board of Governors member, and furthered, “With the Internet of Things comes untold ways in which one’s deepest thoughts and opinions can be recorded and exposed for all to see. Any pending or future lawsuits implicating Sterling will likely involve electronic discovery, including the duty to preserve relevant data in any form.”

As technology evolves so too does the user’s intent and possible ramifications. For legal professionals following this headlining story, considering their own knowledge and ability to assist with or lead in litigation support and eDiscovery should be top of mind. Do they have the proper training and are they up to date with current standards on finding and investigating expert witnesses, document review, and eDiscovery legal ethics and best practices? Having a working knowledge of the latest technologies and legal principles could be the difference-maker between a win or a loss.

For a decade now, eDiscovery has been a crucial area of the American legal system. OLP has developed extensive programs through webinars and live, interactive online courses designed to educate legal professionals and their teams in eDiscovery to become skilled practitioners in this high-demand specialty. For more information, visit the OLP upcoming webinars and courses.
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