First, let me give a big "shout out" to my new colleagues Brian Hewitt and Dave Leske. Brian Hewitt recently became a name partner with Alerding Castor LLP. The new firm of Alerding Castor Hewitt LLP exploded into being on June 28, 2009. Brian is a litigator of the highest caliber with years of experience in commercial, banking, and probate litigation. Additionally, he is an outstanding mediator. Dave, who also joined the firm on June 28, 2009, is a transactional attorney with a background in finance. He'll be working in the areas of real estate, probate, and general transactional work. I can't wait to work with both of them and am very excited for the future that is on the horizon for ACH.
Now on to the actual topic for today: Minutia. I've recently been working with another of our litigators, Gregg Gordon, on some matters and one of the things that struck me was his attention to detail. I know that Gregg has been touted as the "King of Minutia" before, so I was not shocked at the attention to detail, but it impressed upon me the significance of minutia in today's world, particularly in the arena of e-discovery.
In today's litigation forum, e-discovery is the emerging field that is both a quagmire and a goldmine. E-discovery is the component of litigation that is now focused on the collection of electronic data. The Federal Rules of Civil Procedure allow for the detection and collection of electronic data, and many state court rules are following suit. Thus, electronic data is now fair game in all types of litigation. From the multi-billion dollar patent suit against the Fortune 100 company to the smallest of state court collection matters.
In my experience, the factor that will keep one safely in the gold mine area and away from the quagmire is the litigator's attention to detail. Imagine that you are a young, "junkyard dog" type litigator trying to piece together an accurate picture of your opponent and the factual basis behind your case. It doesn't really matter what the type of litigation is. What matters is your ability to think outside the box about the minute details of the other person's life. Do they have an e-mail account? Do they have documents on their hard drive? Have they ever moved documents or files to their iPod? etc., etc. The ultimate question that litigators have to focus on is where can I find what I need. In order to answer that question, it is necessary to become your own "King of Minutia"
Of course, this attention to detail is equally applicable to today's business owner. As you go about your daily activities, be cognizant of your electronic footprint and of the details that are out there waiting to be learned about you or your business. By being aware of the dangers, you will be better suited to protect your interest.
Now on to the actual topic for today: Minutia. I've recently been working with another of our litigators, Gregg Gordon, on some matters and one of the things that struck me was his attention to detail. I know that Gregg has been touted as the "King of Minutia" before, so I was not shocked at the attention to detail, but it impressed upon me the significance of minutia in today's world, particularly in the arena of e-discovery.
In today's litigation forum, e-discovery is the emerging field that is both a quagmire and a goldmine. E-discovery is the component of litigation that is now focused on the collection of electronic data. The Federal Rules of Civil Procedure allow for the detection and collection of electronic data, and many state court rules are following suit. Thus, electronic data is now fair game in all types of litigation. From the multi-billion dollar patent suit against the Fortune 100 company to the smallest of state court collection matters.
In my experience, the factor that will keep one safely in the gold mine area and away from the quagmire is the litigator's attention to detail. Imagine that you are a young, "junkyard dog" type litigator trying to piece together an accurate picture of your opponent and the factual basis behind your case. It doesn't really matter what the type of litigation is. What matters is your ability to think outside the box about the minute details of the other person's life. Do they have an e-mail account? Do they have documents on their hard drive? Have they ever moved documents or files to their iPod? etc., etc. The ultimate question that litigators have to focus on is where can I find what I need. In order to answer that question, it is necessary to become your own "King of Minutia"
Of course, this attention to detail is equally applicable to today's business owner. As you go about your daily activities, be cognizant of your electronic footprint and of the details that are out there waiting to be learned about you or your business. By being aware of the dangers, you will be better suited to protect your interest.
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