In this week’s lecture, you were asked to discuss various ethical issues arising

In this week’s lecture, you were asked to discuss various ethical issues arising from the different case studies. To get you started, in a case like Qualcomm v. Broadcom consider the obligation of a litigation support professional at a law firm who would normally assist in the design of keyword searches in a case of this type.
What would his or her obligations have been given the patently inadequate keyword searches performed? What would the obligations have been of any outside digital investigator hired to preserve, collect, or even process the data? Do outside vendors have an obligation to point out obvious holes in the eDiscovery plan or process?
This segues nicely into the issues arising in the Sullivan & Cromwell v. EED, Inc. case. Here it seems that EED’s eDiscovery services fell well short of Sullivan & Cromwell’s expectations. I outlined some of the ethical issues raised by this case in the lecture notes and I’d like to see if you can come up with more with a careful reading of Sullivan & Cromwell’s complaint. Note that some speculation is inevitable as we don’t know much about the facts from any neutral source as the case settled very early on. (Motion practice in this case would have fascinating, I’m sure).
But in short, I want you to consider the obligations of eDiscovery vendors and law firms in relation to ethical standards. Also, consider the obligations of vendors and law firms to each other. Is it reasonable for a law firm to rely on the assurances of a vendor as to what can be accomplished without independently verifying the reasonableness of their request?
Our last case study was the sad case of State of Connecticut v. Julie Amero. Errors were legion in this case, but what I want you to do is focus on the ethical failings (if any) of the various parties. Did Julie Amero herself have any ethical obligations? What about the lawyers? Did the forensic “experts” hired in the case have ethical obligations, and if so what? Do judges have an ethical obligation? So, that’s your assignment for the week. You may also want to think about possible solutions for these scenarios. I outlined two in the lecture, but I’m sure you can come up with more.

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