Magistrate Faciolla is firing another shot in the campaign in instill the virtues of cooperation among e-discovery counsel. He will be the third day keynote speaker at LegalTech in New York in February. According to a news release " United States Magistrate Judge John M. Facciola will discuss the critical concepts of competence and cooperation in the electronic discovery (EDD) process. Judge Facciola will review the history of the new amendments to the Federal Rules of Civil Procedure, which were intended to expand cooperation among the parties but which, in the absence of competence, can yield precisely the opposite: a widening gulf between parties who understand EDD and those who do not."
Clearly judges are growing weary of e-discovery battles as evidenced by a number of recent opinions and by the number of judges who have signed on to the Sedona Conference Cooperation Proclamation.
Will the message sink in? Only time will tell.
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