On behalf of all our Neutrals and staff, welcome to our world!
- The Platt Group Strengthens E-Discovery Dispute Resolution Design, Protocols and Services
- E-DISCOVERY DISPUTES
- Disputes arising out of the production of e-discovery have quickly risen to the forefront as litigants and judges alike grapple with emerging e-discovery issues. Overly-crowded dockets coupled with increasingly stringent case calendar management standards have made it extremely difficult for judges, and lawyers to find the time to deal with time-consuming e-discovery disputes.
- Working in conjunction with our strategic IT and business partners, our Neutrals, including seven (7) retired judges, can provide a comprehensive plan for handling e-discovery disputes involving electronically-stored data (“ESI”) including but not limited to:
- Identifying and capturing social media evidence
- Proportionality issues surrounding the preservation and production of ESI in relation to the size and complexity of the case including balancing the risk of production/non-production/spoliation versus the value of ESI sought
- Using technology (“Technology Assisted Review” or “TAR”) to sift through large volumes of material to quickly identify potentially relevant evidence including “predictive coding”
- Engaging in a cost-benefit analysis and considerations of excessive burden and cost in the production of certain ESI as well as dealing with fee-shifting arguments
- At the outset, attorney clients and their clients are provided with a detailed questionnaire covering a multitude of potential issues commonly seen by Judges in dealing with e-discovery disputes to ensure that the issue(s) are dealt with in a comprehensive and efficient manner, and that any preservation orders and/or potential spoliation issues are immediately identified and any necessary reasonable preservation/hold orders are issued without delay.
- In appropriate cases, a Platt Group Neutral would be brought on as a consultant by Counsel and/or appointed as a “Special Magistrate” by the presiding Judge in a case to deal specifically with the e-discovery dispute(s) at issue. The Platt Group Consultant of Special Magistrate carefully examines and researches the issues, working with its partners to come up with a balanced, methodical resolution of the issues for implementation by the Presiding Judge.
- Our Neutrals provide written Recommendations to the Presiding Judge based on careful review and analysis of the e-discovery issues presented.
- Our Neutrals work based on an hourly rate of $400.00 or a daily rate of $2500.00 for these e-discovery services. A flat fee can be arranged after discussion with our Managing Member, Judge Steven I. Platt (Ret.)
NuCom Web Hosting, LLC, and their partners and resources, will assist and provide technical support to the Neutral chosen by you to resolve your E-Discovery dispute. One of those partners is David Baker, who has worked in Information Technology for over 18 years, during which the last 10 years have been specifically in the area of email servers and email security. He was VP of Operations for Declude, Inc, an email security company, as well as an executive member of DNS Enterprise which provided forensic analysis and troubleshooting tools for email server. These tools were used by the likes of FBI, CIA, NSA, INTERPOL etc. Today he functions as the CEO of Mail’s Best Friend another independent email company.
II. The Platt Group Focuses on Neutral Case Evaluations and Investigations
- NEUTRAL CASE EVALUATIONS/INVESTIGATIONS
- On occasion, even the most seasoned attorneys can have trouble getting their clients to understand the potential pitfalls of their case. In those instances, a Neutral Case Evaluation by one of The Platt Group’s five (5) retired Judges oftentimes can serve as a “wake-up call” to litigants who need to have more realistic expectations regarding the value of their case.
- Our Neutrals can efficiently review a litigant’s case and provide an expedited written review of documents and motions provided a neutral 3rd party opinion to aide in a litigants’ understanding and valuation of their case.
- As a subset of the “Neutral Case Evaluation”, in certain instances our Neutrals can also undertake “Neutral Investigations” whereby the Neutral serves as a 3rd party fact finder, identifying pertinent facts and issues germane to a particular issue. Oftentimes, the Neutral Investigation will result in a Neutral Case Evaluation by that Neutral.
- Neutral Case Investigations have been particularly useful in employment disputes, internal government disputes, HOA disputes, and the like, and often result in a “legal audit” of a particularly entity, resulting in useful, productive suggestions for avoidance of future issues. This is also known as “Dispute Resolution Design”, a particularly helpful tool for entities looking to minimize potential legal risks before they become litigious issues.
- Our Neutrals work on an hourly rate ranging from $400 to $500, or a flat rate of $2,500 for up to six (6) hours of time spent on neutral case investigations and evaluations.
The Platt Group Offers Expanded Capability and Experience in Neutral Case Investigations and Settlement Administration
Founding and Managing Member, Judge Steven I. Platt successfully completed a Neutral Case Investigation of a municipality’s hiring practices and procedures after those protocols and governing regulations and authorities were called into question publicly at an open city council meeting. A full written report was issued which clarified the law, practices and procedures to the satisfaction of all affected personal and agencies of government.
The Platt Group has extensive experience and are currently administering multiple settlements of cases, both business disputes, litigation and class action cases which have been resolved by Agreements which call for implementation over a period of months or even years and which require timed payments as well as in certain instances, resolution of allocation issues. The Platt Group has also been involved in monitoring and structuring management by agreement while payments and/or changes in corporate structure are being made over time.
ADMINISTRATION OF CLASS ACTION SUITS
Our Neutrals are fully equipped to manage the administration of any class-action order and/or settlement agreement to ensure compliance in an efficient and cost-effective manner.
DISPUTE RESOLUTION SYSTEM DESIGN AND IMPLEMENTATION
The Platt Group offers expertise and assistance in the design and implementation of internal and external dispute resolution system design and implementation. A special rate for the custom and comprehensive service that may be desired can be discussed at no cost with our Managing Member, Judge Steven I. Platt (Ret.) For further information, contact The Platt Group Administrator, Penny Simpson @ 410-280-0908 or via email at firstname.lastname@example.org.
Speaking and Training Opportunities
Neutrals from The Platt Group are available upon request to train and assist law firms and their clients in providing information and training for personnel in preparation for ADR. For further information, contact Penny Simpson @ 410-280-0908 or via email at email@example.com.
NOTABLE PLATT GROUP NEUTRAL ACTIVITIES
- Judge Steven I. Platt (Ret) spoke on the topic “Insight from a Trial Court Judge” at a Continuing Legal Education Program presented by The National Business Institute (NBL) on October 27, 2016 at The Holiday Inn Timonium located at 9615 Deereco Road, Timonium, MD. The program was entitled, “Hearsay, E-Mail, Business Records and Social Media – In the Trenches.” Judge Platt’s Bio can be found at www.theplattgroup.com.
- Judge Steven I. Platt (Ret) will be a “Keynote Speaker” at The National Association of Certified Valuators and Analysts (NACVA) “Financial Forensics and Expert Witness Conference” on June 9, 2017, at the Hyatt Regency, Chicago, Illinois. Judge Platt’s remarks will focus on “The Intersection of Advocacy and Financial Forensics” and will suggest a major change in the paradigm of The Judicial Branch of government leading to a dramatic expansion of the forums and dispute resolution techniques utilized to resolve the disputes of our citizens heretofore confined to courthouses. Judge Platt will also be interviewed by NACVA Professional Development Supervisor, Chanda Chuan, on a webcast of his keynote address.
- Judge Steven I. Platt (Ret.) recently successfully co-mediated for several days over a period of five (5) months, a dispute between The Charles County Government, State Department of Assessments and Taxation, and Genon Mid-Atlantic, LLC, over real and personal property tax assessments of the Morgantown Generation Station, an electric generating facility located in Charles County, MD. The resolution of the case and the dispute encompassed and settled the real and property tax assessments for the years of 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and going forward 2018, 2019, and 2020. The Settlement Agreement and the resulting PILOT Agreement were approved on March 11, 2017.
- Judge Steven I. Platt (Ret.) recently and successfully mediated consolidated cases resulting in over ten (10) multiple claims for wrongful death and serious personal injuries as a result of a multi-car accident involving a truck. The case included significant insurance coverage issues and other complex issues.
If you know someone who would like to receive our newsletter, please email me at firstname.lastname@example.org and we will add them to our distribution list. Thank you for your referrals!