eDiscovery Update: Special Masters and eMediation


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 evidence.

The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.


AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

back to top