CONTACTS 
0202 - Thelen, Marrin, Johnson & Bridges  415 392 6320                                                                                                                O-00000043 0201

SUBJECTS
SDS Marketing, Product Evaluation
Diary record to increase understanding
Legal Restraints, can't save the record
Product definition
Discovery, Strategic Resource
Security & Privacy - Discovery
Purge Documents/Records

0909 -    ..
0910 - Summary/Objective
0911 -
091101 - Follow up ref SDS 7 7755, ref SDS 5 0000.
091102 -
091103 - Talked to Dave about the impact of legal discovery on keeping a record
091104 - like this one.  Also, received an ABA Journal article on this topic
091105 - from Justice Stanley Mosk. ref SDS 0 8309
091106 -
091107 - Need to send Stan's article to Morris per his interest in this topic.
091108 -
091109 -    [On 991021 Morris mentioned this subject again. ref SDS 12 2695]
091110 -
091111 -
091112 -
091113 -  ..
0912 -
0913 -
0914 - Discussion
0915 -
091501 - I called Dave today for a lead at Bechtel to inquire about hiring them
091502 - to finish Engineering Management at Broadwater. ref SDS 8 2955
091503 - ..
091504 - I explained discussions with various people the past month or so
091505 - on conflicts between creating a detailed record like this in SDS, and
091506 - concern within the business community about creating any records at
091507 - all for fear something will be disclosed in discovery, if a lawsuit
091508 - occurs, e.g. discussion with Sarah on 911120, ref SDS 2 5588, and
091509 - Morris on 911121, ref SDS 3 5920.
091510 -
091511 - I mentioned Stan Mosk's comments about SDS, and his lament that
091512 - managers are deleting information. see on 911130, ref SDS 5 5006
091513 -
091514 - On 890810 discussed SDS record in relation to a bound notebook which
091515 - is a common practice in construction. ref SDS 1 7739
091516 -
091517 -      [On 960307 Dave explained slippery slope syndrome of cover-up.
091518 -      ref SDS 9 5933]
091519 -
091520 -      [On 970310 USACE stopped RE's daily diary. ref SDS 10 2294]
091521 -
091522 -      [On 990331 asked Dave about Common Administration. ref SDS 11
091523 -
091524 -  ..
091530 -
091531 - Dave feels there is a distinction between securities law and
091532 - construction law.  Resolution in the former is focused mainly on the
091533 - terms of the agreement, while construction litigation requires a
091534 - complete and orderly record to enable anyone to testify competently
091535 - about causation.
091536 -
091537 - This correlates to my view (for example on 911121, ref SDS 3 2295),
091538 - but it is the first time I have heard it expressed by an attorney, at
091539 - least lately.  I am also curious about why the facts would be less
091540 - important in securities disputes?  Perhaps those cases are generally
091541 - less complex and so less subject to dispute.
091542 -
091543 -
091544 -
091545 -  ..
0916 -
0917 -
0918 - 1449
0919 -
091901 - Received ref DRT 1 0001 from Justice Stanley Mosk, California Supreme
091902 - Court.
091903 -
091904 - This was a pleasant surprise.  Stan sent an ABA Journal article on the
091905 - difficulties with the current discovery procedures, as a follow up to
091906 - our discussion on 911130, ref SDS 5 3606.
091907 -
091908 - He notes in his letter that a reply is not necessary.  Will probably
091909 - see him next weekend at GGTC, and we can visit then.
091910 -
091911 - Sent Stan's article to David and Morris for information and any
091912 - comment.
091913 -
091914 -
091915 -
091916 -
0920 -
0921 -
0922 - Preliminary Analysis
0923 -
092301 - Discovery Reform ABA Journal Dec, 1991, page 79
092302 -
092303 - I have only glanced through the article and so will need to do a
092304 - regular review maybe over the weekend.
092305 -
092306 - Initially, it appears that we may be reaching "critical mass" with the
092307 - practice of discovery.  This article argues for discontinuing all
092308 - discovery.  Such remedy seems too harsh.
092309 -
092310 - My sense is that complainants should convey the authority (contract
092311 - provisions, law, regulations, etc.) and the facts believed to
092312 - establish entitlement, and that the other side should be required to
092313 - disclose its reasons for rejecting a claim.  If the parties do not
092314 - agree, then subsequent litigation should be limited to the evidence
092315 - and grounds mutually disclosed.  This would permit depositions and
092316 - exchange of evidence but only of disclosed witnesses and would prevent
092317 - presenting undisclosed evidence at trial.  Estoppel would be become a
092318 - tool to encourage disclosure and thereby settlement based on the facts
092319 - and settled law.  In contracts like we use, the notice provisions
092320 - would then become a more useful tool.
092321 -
092322 - Nothing is going to work perfectly, but this might work better than
092323 - current practice.
092324 -
092325 -
092326 -
092327 -
092328 -
092329 -
092330 -