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Editor Bio
Gregg Mayer is a journalist and lawyer with a keen interest in the rapidly evolving world of e-Discovery. Gregg has published numerous articles, including writing for law journals and the American Bar Association. Gregg served as editor-in-chief of the Mississippi Law Journal. Before practicing law, Gregg worked as a newspaper reporter for six years.
Something You Never Want To Have To Tell A Judge
Posted by Gregg Mayer on Friday, February 15th, 2008
Attorneys for New Century Financial Corp. had to confess to a United States Bankruptcy Judge that, due to a “mishap,” more than 700,000 email messages were not disclosed to the bankruptcy examiner. The attorneys blamed an outside vendor. Because of the misplaced email, more trouble may loom for New Century with the bankruptcy court:
As for the document production mishap, Missal [the bankruptcy examiner] has not yet made any filings about it. But he has consistently complained about delays and difficulties in conducting the investigation. The U.S. trustee in the case seized on New Century’s e-mail admission to support Missal’s pending request for more time to complete his investigation.
“Based upon communications with the examiner, the U.S. trustee understands that the debtors previously indicated to the examiner that the e-mails at issue had, in fact, been produced,” the trustee wrote.
The “mishap” highlights the importance of having reliable email archiving. Know where your email messages are and know how to get them.
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