Access to e-mails, text messages and other ESI

I did double-duty today, also presenting on issues relating to control of corporate information in light of business computing trends like BYOD and cloud computing at day one of Osgoode PDP’s e-discovery certificate program. My slides are below.

Justice David Brown and Master Calum McLeod have written a number of the judgements I’ve blogged about here. I was able to stay for their lunch presentations on addressing the e-discovery burden. Justice Brown warned of a coming apocalypse (death by seppuku, to be precise) unless something gives way to break the e-discovery burden, starting with adversarial behavior in the discovery process. Master McLeod delivered similar message, though more from his in the trenches perspective – noting the wisdom of including ADR mechanisms into discovery plans and bifurcated discovery. Take note.