Communications Office:
David Bookstaver, Director
Kali Holloway, Deputy Director
(212) 428-2500

Date: March 16, 2010

Hon. Ann Pfau
Chief Administrative Judge

www.nycourts.gov/press

NEW YORK – Chief Judge Jonathan Lippman and Chief Administrative Judge Ann Pfau today announced the release of a report recommending improvements in the way electronic discovery is handled in the New York State Courts. The study, based on extensive research and interviews with experts in electronic discovery, addresses the dramatic increase in electronically stored information involved in litigation, as well as the rising costs and delays related to e-discovery.

The recommendations in the report focus on how the state courts can manage the ever-growing volume of electronic discovery in a more expert, efficient and cost-effective manner. Key recommendations include:

• Establishment of an e-discovery working group to serve as a statewide resource for expertise and training;
  
  
• An addition to the Preliminary Conference form to highlight e-discoveryissues and responsibilities;
  
  
• Consideration of a court rule requiring counsel appearing at the preliminaryconference to be competent to discuss client technology systems;
  
  
• A pilot project designating e-discovery specialists to assist judges insupervising and resolving protracted e-discovery disputes;
  
  
• Creation of an e-discovery journal by the judiciary reporting relevant decisions and trends;
  
  
• Pilot projects in selected courts regarding disclosure of e-discovery issues and e-discovery compliance.

In addition, the report recommends that the Chief Judge appoint a representative to the Sedona Conference, a nonprofit think tank dedicated to electronic issues, and that the Judicial Institute offer programs on the law and technology.

Chief Judge Lippman said, “Our modern systems of communication are increasingly digital, and just as this technological revolution has changed our lives it has changed the practice of law. We need to make sure that we have measures in place to manage the complexities involved in electronic discovery. This report, with its practical recommendations, is a significant step forward for New York to make sure that we remain in the forefront in this important and growing area. Judge Pfau and I very much look forward to working with the bench and bar in implementing the report’s recommendations.”

“A Report to the Chief Judge and Chief Administrative Judge on Electronic Discovery in the New York State Courts” is located on the Unified Court System website at www.nycourts.gov/whatsnew.