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Special Masters can help Judges and
parties in eDiscovery disputes and also reduce the cost of litigation. Also
managing eDiscovery can be improved by using eMediators who can help simply
eDiscovery disputes and reduce motion practice. My recent article in the Texas
Lawyer discusses some of the benefits of eMediation and Special Masters in eDiscovery.
Over the past 20 years I have served as a Mediator and Special Master in
computer technology and Internet lawsuits, and since there is electronic
evidence in every case my experience is that Mediation conference and using
Special Masters can make eDiscovery less expensive.
Court Ruled that Special Master in
Anna Nicole Smith Abused Trial Court's authority
A California defendant challenged Texas
jurisdiction, but the Judge had not determined if the Court even had
jurisdiction, as a result the trial court violated the Texas Special Master appointment
Rules by authorizing the Special Master to get the defendant's hard
drive and conduct a a complete search. This was the second time that the same
appellate court ruled that the trial court exceeded its authority to appoint a
Special Master in this high profile case. There are always limits on the
authority of what a Special Master can do in a case which should be spelled out
in the Order Appointing the Special Master. Notwithstanding the outcome in this
case surely we will see more cases with Special Masters since there is so much electronic