Tagged: California

“Any attorney who manages the discovery process must have the requisite skills and expertise to provide meaningful oversight. Competence is also implicit in the certification and “reasonable inquiry” requirement of Rule 26(g) of the Federal Rules of Civil Procedure. One cannot competently supervise or certify activities one does not understand and does not take the time to learn, and all litigators should frankly assess their capability to handle the technical aspects of discovery.”

The article discusses the new guidelines the State Bar of California has made with regards to e-discovery:

The State Bar of California has taken things further, issuing guidance pertaining specifically to electronic discovery. In Formal Opinion 2015-193, the California State Bar’s Committee on Professional Responsibility and Conduct declared that an attorney’s obligations evolve as new technologies become integrated into the practice of law. As such, “[a]ttorneys handling e-Discovery should be able to perform (either by themselves or in association with competent co-counsel or expert consultants) the following:

• initially assess e-discovery needs and issues, if any;

• implement/cause to implement appropriate ESI [electronically stored information] preservation procedures;

• analyze and understand a client’s ESI systems and storage;

• identify custodians of potentially relevant ESI;

• engage in [beneficial ‘meet and confer’ discussions] with opposing counsel concerning an e-discovery plan;

• perform data searches;

• collect responsive ESI in a manner that preserves the integrity of that ESI; and

• produce responsive non-privileged ESI in a recognized and appropriate manner.”

Source: Brian D. Martin and David L. Stanton. “How The Ethics Rules Influence The Role of Discovery Counsel.” Corporate Counsel. November 17, 2015. http://www.corpcounsel.com/id=1202742706795/How-the-Ethics-Rules-Influence-the-Role-of-Discovery-Counsel.

“A jury has awarded a former employee of Roscoe’s House of Chicken ‘n Waffles more than $1 million in damages after he sued the popular restaurant chain alleging racial discrimination and wrongful termination. Daniel Beasley, a black man, filed a racial discrimination and wrongful-termination suit against the soul food chain that’s popular with celebrities, including Snoop Dogg and Larry King. ‘It’s owned by an African American owner, but he gives full authority to the Hispanics to run it,’ Beasley said. According to Beasley’s lawsuit, managers at the restaurant on Pico Boulevard harassed him for being black and gave preferential treatment to Latino employees, including better schedules. The grandfather from Compton says he complained to human resources and the company’s owner, but nothing was done. He was later fired for what he says was retaliation.”

Fuck this place! I don’t care how good the food is or if the owner of the restaurant is black, we have to stop supporting those who don’t support and have love for us. It’s that simple.

Source: “Jury Awards Ex-Employee Of Roscoe’s Chicken N’ Waffles $1.6M In Race Discrimination Suit.” CBS. September 9, 2015. http://losangeles.cbslocal.com/2015/09/09/jury-awards-ex-roscoes-chicken-n-waffles-employee-1-6m-in-race-discrimination-suit/.