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Alextronic Discovery
An Electronic Discovery Blog covering News, Articles
and Thoughts for the Legal and Corporate Community Author: Alexander H. Lubarsky, LL.M., Esq. - alubarsky@enterusa.com - Tel. (415) 533-4166 OR 800-375-4222 THIS BLAWG IS NOT AFFILIATED WITH THE WEB SITES WWW.DISCOVERYRESOURCES.ORG OR WWW.DISCOVERYRESOURCES.COM


Monday, March 01, 2004

Interview with Russell Jackman, Esq.  

Interview with Russell Jackman, Esq.

Russell Jackman is a local EDD luminary. Russ is not only a professor of law, an attorney, former in-house counsel to women.com and arguably the leading data harvesting technician on the West, but Russ is a professional wrestling manager and counsel to the WWF. When he is not restoring backup media or harvesting .nsf files from servers, Russ can be seen amidst a humid room packed with howling pre-teens who delight in every body slam delivered by some Herculean steroid laden, vein-popping, eyes bulging Hulk Hogan in training. You see, Russ is an EDD guy that doubles as a much hated "professional" wrestling referee.

I have a Russ story. I was on my way to Legal Tech Los Angeles a few years back, settling into my United flight and low and behold, there was Russ sitting in the aisle across from me. He was toting his laptop, Law Office Computing and WWF Today. An arsenal unique only to him. We began chatting about the conference where we were both scheduled to speak.

All of a sudden this army dude comes shuffling down the isle with his model-level girlfriend in tow. Most of the men seated in the cramped coach section were drawn towards the curvaceous blonde, but Russ was surveying Rambo's pecks and forearms...

Rambo and Barbie sat right between Russ and myself... Russ motioned to me with a thumbs up and knew he was about to make his trademark move.

"Excuse me sir," I couldn't help but notice how fit you are. Are you a professional athlete?

"Nah, I do warehouse work out in Daly City for a shipping company. Got a night shift and hit the 24 Hour Fitness in the afternoons before work."

Barbie smiles at Russ as he fishes in his bag for something.

Russ pulls out his coveted WWF business card, hesitates for a few seconds and then nudges Rambo...

"So, warehouse work, heh? Have you ever thought about another career?"

"Yeah, what you got in mind... brain surgery or sometin'?"

Barbie chuckles and rubs Rambo's leg.

"Have you ever thought about professional wrestling?"

Barbie lets out a shriek. A few curious passengers crane their necks in our direction and Rambo raises one eyebrow in true "Rock" fashion.

"You serious, dude?"

"Absolutely," quips Russ as he hands over the business card. "I'm local. Think about it. We'd have to audition you and all, but you seem to meet the threshold for serious consideration."

"Yeah, right-on, I'd be into that... I'll call you, dude."

Russ smiles but his grin suddenly flattens into a canvas of consternation. He taps Rambo again... "Excuse me sir, but would you be adverse to wearing a mask?"


Alextronic: Electronic data harvesting and professional wrestling refereeing ... how on earth do you reconcile the two?

Jackman: You can't really. After indexing the umpteenth hard drive and checking for metadata spoliation on the seventeenth gig, being body slammed by a two-hundred and seventy pound monster in leotards seems like a vacation.


Alextronic: Ever been body slammed by a litigation support manager?

Jackman: No, I can put the LSM's in a half nelson quicker than you can say Hulk Hogan, it's the paralegals you have to watch out for.

Alextronic: The paralegals, really? How so?

Jackman: They seem to be the most up on ED issues. It is becoming a big part of the paralegal curriculum. Law students spend to much time memorizing the rule against perpetuities and the IT guys and gals are more interested in Java and bandspeed latching. The paralegals know when their metadata has bee altered and they don't let that slide too easily.

Alextronic: Do they step in the ring, or do they just make their case to the ref?

Jackman: Oh no, they absolutely hit the ring. No pads. No headgear. I once had this paralegal in Los Angeles slam me harder than any WWFer could even dream of. I had neglected to cross deduplicate multiple media sets. I was able to work with the vendor to get that done, but I was sure sore the next day.

Alextronic: So what new trends do you see coming down the road?

Jackman: The women are really starting to dominate the industry now. I am now answering more and more to women.

Alextronic: Female attorneys, IT staff, inside counsel, paralegals... ?

Jackman: Oh, you meant in EDD not WWF?

Alextronic: Yeah, we can discuss Chyna in another interview.

Jackman: In that case, I am starting to see the issues of native productions come up more and more. I am also seeing intelligent querying capacity built directly from the algorithms deployed in the core processing phase itself. I've noticed less paper blow backs and more .tiff, .html and even .pdf.

Alextronic: Anything else?

Jackman: I am getting asked more and more to recommend experts for trial. Producing parties are really pushing back and trying to resist electronic production requests these days. The blanket objection which was once a very seriously debated tactical move is now a knee jerk reaction. Even in the face of common sanctions and spoliation claims, firms with something to hide are just not putting out. Both sides are beginning to unleash their experts at law and motion and discovery hearings as a matter of course.

Alextronic: What theories do the experts put forward to justify the non production of the requested ED?

Jackman: Not very good ones, the courts really advocate the inclusion of evidence so the judge can weigh the facts and so that the jury can sink their teeth into the substance of the dispute.

Alextronic: Any particular experts that stand out...

Jackman: So far none yet in the legal tech world that have floored me in the way that The Undertaker has. However, I suspect that if you could get Stone Cold Steve Austin and Brett "The Hitman" Hart up on the witness stand, no judge in his or her right mind would rule against them.

posted by Alexander | 11:52 PM

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