Press Releases

* PLEASE SEE NOTE BELOW REGARDING AUTHENTICITY OF THE FOLLOWING ALERT

Hammurabi’s eDiscovery Codes Unearthed by CaseCentral

CaseCentral legal archeologists uncover elusive proof of first Babylonian FRCP royal proclamations; Discover ancient sanctions make today’s FRCP look “wimpy”

SAN FRANCISCO — March 32, 2009 — CaseCentral, the leader in secure, on-demand eDiscovery software for corporate counsel and law firms and provider of cloud computing/legal archeological services, today announced the stunning discovery of new Hammurabi codes aimed at ancient eDiscovery issues. Found in a long-buried Babylonian law office, the tablets show that the ancients shared many of the same problems as corporate counsel and law firms today.

“Every first year law student has read Hammurabi's codes, so there should be no surprise that many of the sanctions for failed eDiscovery were fairly gruesome. We are just starting to translate the codes about clawbacks…..not very pleasant. But you can bet that when you saw the results of one lawyer providing data in clay tablet form when the judge wanted TIFF versions of papyrus docs, they got the next format right,” said Steve D’Alencon, VP of Marketing and Antiquities, CaseCentral.

Hammurabi's Codes of eDiscovery:

1. If a lawyer or judge shall evaluate the efficacy of keyword or concept search terms without the aid of expert testimony:
   Punishment:  Accused shall allow 50 unchallenged search terms.
   
   
2.  If a representative of IT or his master should shackle counsel by making eDiscovery dependent upon long term infrastructure upgrades:
   Punishment: An IT representative shall be put to death.
   
   
3. If a lawyer pursues discovery to make the cost for his or her adversary so great that the case settles to avoid the transaction costs
   Punishment: The accused shall pay one gold mina and have his laptop destroyed.
   
   
4. If a technical representative shall fail to adequately implement a document hold policy in the face of pending litigation:
   Punishment: The representative shall be imprisoned in place until the rising of the moon of LegalTech.
   
   
5. If outside counsel shall fail to cull massive ESI volumes prior to expensive review:
   Punishment: He shall pay the client 5 shekels of silver per 1,000 documents not culled.
   
   
6. If a party cannot deliver the results of an eDiscovery production request in a timely manner:   
   Punishment:  the defendant shall go to the river and leap into it; if s/he sinks in the river his accuser shall take possession of his house.  But if the river proves that the accused is not guilty, and s/he escapes unhurt, then s/he who had brought the accusation shall be put to death.
   
   
7. If a corporation cannot defend its eDiscovery processes in front of a judge:
   Punishment: Said corporation’s general counsel shall be put to death.
   
   
8. If a producing party inadvertently discloses privileged information:
   Punishment: One reviewer shall be put to death for each privileged document disclosed.  However, attorney-Client privilege shall not be waived. 
   
   
9. In the event of spoliation of electronically stored evidence:
   Punishment: The defense’s counsel shall be put to death.  Furthermore, if the defense is found to be lacking an eDiscovery solution that helps avoid spoliation, the defense’s IT manager shall also be put to death. 
   
   
10.  If a defendant can only produce electronically stored information in TIFF:
    Punishment: Defense’s counsel shall be put to death or have their Blackberry thrown in the river, whichever is worse.

*THE PRECEEDING CODES ARE NOT REAL AND CASECENTRAL HAS NOT FOUND THEM, IS NOT LOOKING FOR THEM OR EVEN SAYING THEY COULD EXIST. AND WE DO NOT IN FACT SUGGEST VIOLENCE OR DEATH IS EVER AN ANSWER.
BUT WE DO THINK THAT NOT PROPERLY ADDRESSING EDISCOVERY NEEDS CAN AND WILL LEAD TO PROBLEMS FOR EVERYONE. TO LEARN HOW TO GET CONTROL OF EDISCOVERY, PLEASE CONTACT CASECENTRAL.

About CaseCentral
Founded in 1994, CaseCentral is the leader in secure, on-demand eDiscovery software for corporations and law firms to simplify and take control of eDiscovery.  CaseCentral enables repeatable, defensible and measurable business processes that significantly reduce eDiscovery risk, cost and time. The CaseCentral eDiscovery review platform integrates early case assessment, processing, analysis, review and production capabilities, enabling customers to succeed with a single matter and seamlessly migrate to multi-matter, multi-party, multi-repository support within the same software platform. CaseCentral pioneered the use of process analytics, providing real-time measurement of review rates, quality rates and costs per document - by matter, firm or user.  CaseCentral has served more than 31 of the Fortune 100 and more than 82 of the AmLaw 100.  For more information, call 1.800.714.2727 or visit www.casecentral.com.  Read ‘Case in Point’ at:  http://www.casecentral.com/case-in-point/.

Media Contact
Greg Funaro
Lois Paul & Partners
781-782-5896
casecentral@lpp.com