Stephen Riden in Massachusetts Lawyers Weekly on Ediscovery

The October 8, 2012, issue of Massachusetts Lawyers Weekly features Stephen Riden in an article about a survey of in-house counsel on ediscovery issues. The article is by Massachusetts Lawyers Weekly’s Managing Editor, David E. Frank.

The article focuses on a survey conducted by BTI Consulting Group, in which 350 general counsel and other “legal decision makers” were asked to evaluate their outside attorneys’ management of ediscovery. The survey reveals widespread dissatisfaction with law firms’ handling of the phase of litigation involving the production of electronically stored information.

In the article, Steve Riden acknowledges the frustration felt by in-house counsel and describes the source of aggravation with the ediscovery process:

‘So much of the frustration in-house lawyers are experiencing is inherent in the process,’ said Stephen D. Riden of Beck, Reed, Riden in Boston. ‘Even the best positioned law firm is still going to find itself on the receiving end of complaints about the hassles associated with e-discovery. I don’t see that changing any time soon.’

Riden said he is not surprised by the results, given the time and money that goes into producing electronic data and the lack of experience many practitioners have dealing with e-discovery.

‘There is always going to be tension between what the client wants, which is minimal cost and hassle, and what the courts require, which can often be expensive and onerous,’ he said. ‘That tension isn’t going to go away any time soon. But this survey should be a wake-up call for law firms in Massachusetts and across the country that there is an area of client services that’s badly in need of improvement.’

Steve Riden frequently writes and speaks about commercial litigation issues, including social media and electronic discovery.

About Us

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Stephen Riden in Massachusetts Lawyers Weekly on preserving evidence

The February 27, 2012, issue of Massachusetts Lawyers Weekly features Stephen Riden in an article about a company that was sanctioned after destroying evidence. The article is by Massachusetts Lawyers Weekly’s Managing Editor, David E. Frank.

The article focuses on a lawsuit involving dispute over the ownership and management fees of a hedge fund. While the lawsuit was pending, a Superior Court judge in the Business Litigation Session found that the CEO of the defendant company destroyed thousands of pages of evidence. The defendant company, for its part, argued that the destruction was inadvertent and, in any event, the discarded materials were either duplicative or irrelevant.

Nevertheless, the Court found that spoliation had occurred, and ordered the defendant to pay a portion of the plaintiffs’ attorneys’ fees and ruled that an adverse jury instruction would be given at the time of trial.

In the article, Stephen Riden comments that, while there are some appellate decisions in Massachusetts that define the parameters of what is a permissible sanction in this situation, the most comprehensive analysis of spoliation issues is most often found in lower court decisions.

‘By the time it gets to the appellate level, they’re looking at it from an abuse-of-discretion standard, so unless the judge has gone far afield of what an appeals court thinks is reasonable, they’re not going to issue an opinion to the contrary’ he said. ‘These are in-the-trenches discovery battles, and where you’re going to see the most well-developed analysis of the issues is in the trial court.’

Steve Riden frequently writes and speaks about commercial litigation issues, including social media and electronic discovery.

About Us

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

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