About the Author

W. Lawrence Wescott II is an electronic discovery consultant. He is also a senior consultant with Kahn Consulting, Inc., a firm specializing in the legal, compliance and policy issues of information technology and information management. He was associated with the firms now known as Saul Ewing LLP in Baltimore and Troutman Sanders LLP in Atlanta. He has been a database project manager for Solucient, LLC, a health care information services company and manager of information systems for Alcore, Inc., a metallic honeycomb core manufacturer. He is an honors graduate of the University of Maryland School of Law where he served on the Maryland Law Review and also received a master’s degree in business administration from the University of Georgia in information systems and operations management. He is a member of the Sedona Conference Working Group 1 on electronic document retention and production. His e-mail address is lwescott at electronicdiscoveryblog dot com or lwescott at kahnconsultinginc dot com. He can be reached at 443-841-5331.

Publications

“Shedding Light on Backup Tape E-Discovery,” Information Management (Sept/Oct. 2009), p. 48.

“Skills for Building Success in the Electronic Business Environment (with Annette Weller-Collison and Randolph A. Kahn), Information Management Journal 50 (Sept./Oct. 2008).

“NLRB Utilizes Sedona Principles as Framework for Determining Burdensomeness of Electronic Document Subpoena,” Bender’s Labor & Employment Bulletin 420 (Sept. 2008).

Lexis-Nexis Expert Commentary, “The Duty to Preserve Electronic Evidence: Zubulake v. UBS Warburg, September, 2008.

“The Litigation Hold: Why You Don’t Have to Hold Everything,” Computer Technology Review, August 5, 2008 (with Randolph A. Kahn)

Lexis-Nexis Expert Commentary, “Accessibility of and Cost-Shifting for Electronic Data: Zubulake v. UBS Warburg“, July, 2008

Lexis-Nexis Expert Commentary, “The Duty to Preserve Electronic Evidence: Connor v. Sun Trust Bank“, June, 2008

“Electronically Stored Information under the Federal Rules of Civil Procedure,” AIIM E-Docs Magazine, May/June 2008 (with Randolph A. Kahn)

“The Other Side of the Coin: Effective Implementation of an Archiving Solution,” Computer Technology Review, May 19, 2008 (with Randolph A. Kahn and Barclay T. Blair)

“Court, in FMLA Case, Imposes Strict Standard for Preservation of Evidence (Connor v. Sun Trust Bank), Bender’s Labor and Employment Law Bulletin (May, 2008).

“The Increasing Importance of Metadata in Electronic Discovery,” 14 University of Richmond Journal of Law and Technology 10 (Spring 2008) .

Presentations

“Electronic Documents: Avoiding the Ethical Pitfalls of Metadata,” Center for Competitive Management audio conference, Feb. 24, 2009, 2 PM to 3:15 PM.

“E-Discovery for the Rest of Us,” Milton Talkin Lecture Series, Bar Association of Baltimore City, Baltimore, MD, December 3, 2008, with J. Mark Coulson, Esq., Miles and Stockbridge.

Electronic Discovery panel, Business Lawyer’s Institute, Pennsylvania Bar Institute, Philadelphia, PA, Nov. 12, 2008.

“E-Discovery: It Is a Small Firm Issue,” Maryland State Bar Association Solo and Small Firm Conference, Linthicum, MD, Nov. 8, 2008

“Cautionary Tales of the Uses and Abuses of e-Discovery,” Maryland State Bar Convention, Ocean City, MD, June 13, 2008, with Hon. Joseph F. Murphy, Jr., Maryland Court of Appeals, Hon. Dennis Sweeney, Circuit Court for Howard Co., Md. (retired), and Al Frederick, Esq.

University of Richmond Electronic Discovery Symposium, Richmond, VA, April 16, 2008

“Storing Records Electronically: Protect Your Data and Reduce Your Legal Risks,” Business & Legal Reports audio conference, October 31, 2007

Xerox Litigation Services electronic discovery forum, Boston, MA, April 17, 2007