Posted on October 9, 2007 by Alan Rutkin

Electronic Discovery Creates Havoc Even for Seemingly Careful Counsel

If you have any doubt about the impact and pitfalls of electronic discovery, read about the Qualcomm litigation.  Evidently, 21 emails were recently found that undercut Qualcomm's lawyers' arguments.  The emails may be part of 300,000 pages of other documents that had not been produced.  The sad tale is presented in this morning's Wall Street Journal, Recovered Emails Bedevil Qualcomm in Court, Don Clark, 10/9/07, at B1.  Insurers facing litigation cannot over-emphasize the importance of managing electronic discovery.  And insurers with ADR clauses have another reason to celebrate.

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Posted on September 12, 2007 by Alan Rutkin

Electronic Discovery Presents New Challenges for Insurers

Law.com recently published a very interesting article discussing how insurers are beginning to consider policyholders' obligations for electronic discovery.  Another side of electronic discovery presents a more direct challenge: insurers' obligation to respond to discovery requests propounded directly on the insurers in coverage litigation.  Much of policyholders' discovery is designed to disrupt and annoy insurers, rather than advance the cases. Policyholders bludgeon insurers with discovery in the hope that the aversion to discovery will increase settlement value.  Electronic discovery will certainly present special challenges to insurers.

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