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TECH SUPPORT only briefl y for disaster recovery pur- poses. That way, the issue of whether to produce will rarely arise. "And you're not going to be criticized for it by the court, because you're not spoliating evidence, you're not destroying evidence inten- tionally," Outerbridge said. "You're just following your normal retention policy." Watt recommends counsel discuss with clients their e-discovery "goals." Do they want to be "squeaky clean" and pro- duce everything possible? Or minimize production for any number of legitimate business reasons — including to avoid loss of reputation in other jurisdictions? In cases where it's likely or probable the client will have to settle, it may now make sense to make that decision earlier to avoid incurring thousands, hundreds of thousands, or even millions of dollars in document-production costs. Analysis of e-discovery decisions will revolve mainly around the proportion- ality principle, Watt said. One key con- sideration: how much can clients afford? It means the onus will be on litigators to identify the "ultimately relevant docu- ments" on which a case will hinge — be- fore they're produced, she added. Even if you're a litigator who hasn't had to handle a case involving large vol- umes of ESI, it's likely only a matter of time before you do. Will you be ready? Do you have a strategy in place? Gerry Blackwell is a London, Ont.-based freelance writer. He can be reached at gerryblackwell@rogers.com BLACKBERRY BOLD N o, it's not an iPhone, but the BlackBerry Bold, launched by Rogers in August, is a worthy — indeed, a stylish and powerful — addition to Research in Motion's BlackBerry family. Like the iPhone, Bold works over the fast 3G HSDPA and GSM/EDGE networks world- wide. Both have Wi-Fi, Bluetooth, and GPS radios. Both do voice, e-mail, web browsing, music, video, still photography (the Bold can do video as well), mapping, and more. Rogers, the exclusive carrier, sells Bold for $199 — same as the iPhone, and down from a non-competitive $399 at launch — with a three-year plan. How otherwise do the two compare? Bold wins for e-mail and non-Internet-related business applications and mapping. Everything else, including entertainment and Internet experience: iPhone, hands down. While iPhone has the way-cool touch interface, its best selling point, the Bold has something that may be more valuable for text users: a full QWERTY keyboard. It's faster and less prone to mistyping than the iPhone screen keyboard in our opinion. Bold, also has a very fast processor (624 MHz) — marginally faster than iPhone in some applications — and a great high-resolution screen (480x320-pixel transmissive TFT, 65,000 colors), even if it's smaller than the iPhone's. Bold can't match the sheer elegance of the iPhone's industrial design, but it's still a very smart-looking smartphone, with a leather back and rounded contours. As an entertain- ment unit, Bold predictably lags behind the iPhone — smaller screen, drastically inferior sound quality, although noticeably better than recent past BlackBerrys. Video looks good, if tiny. As a phone, Bold is fi ne, better again than recent models because of the improved audio quality. On every category where it counts for lawyers — e-mail, personal information management, availability of other business applica- tions — Bold beats iPhone. And the GPS navigation system is more complete and works better than iPhone's too. Sure, iPhone is a sweet toy. But really, you're better off with a Bold. — GB www. C ANADIAN Law ye rmag.com JANU AR Y 2009 27 exco_LT_Survey_Dec11_06.indd 1 11/29/06 1:41:01 PM Gadget Watch