Special Masters Have an Important Role in Litigation

15 July 2014 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

I am honored to be a member of the Academy of Court-Appointed Masters (ACAM) which provides the advantages that Special Masters “…can monitor discovery and resolve time-consuming disputes; they can help with the growing burden on courts caused by electronically stored information (ESI) discovery problems; they can be assigned trial duties…; they can administer settlement claims; and they can monitor compliance with a court order or settlement agreement.”

For more than 20 year I have served as a Special Master in state and federal courts for disputes about eDiscovery, IT, or Internet business, and it has been my experience that the cost of litigation generally decreases significantly.  As well, Judges find that the Special Master can assist parties when their dockets would not otherwise allow.

Law360 recently interviewed a number of members of ACAM including me and wrote an article entitled “5 Tips For Serving As A Successful Special Master” which included my comments not to “be afraid to ask for a modification to view certain documents or speak to additional parties if that will better serve the court’s goals.” The Law360 article’s 5 tips are as follows:

  1. Create a Culture of Respect
  2. Be Accessible to the Parties
  3. Talk to the Judge (as Much as You Can)
  4. Know Your Order
  5. Strike the Right Tone

Where there are complex eDiscovery, IT, or Internet business disputes parties can recommend to the Judge that a Special Master be appointed, or the Judge may recommend the parties offer Special Master candidates.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Authors

Related Services

Insights