Electronic Discovery and the Federal Rules

If I am a little obsessed with the topic of electronic discovery, I apologize, although I can explain it. Computer storage and manipulation of information is now the standard operating procedure for insurance companies, financial companies, third party administrators, and others involved with ERISA plans and insurance policies. As a result, the unique discovery issues raised by computerized data is very important in litigating cases in the areas covered by this blog, and has become an important, and frequent, issue in my own practice. Beyond that, though, is the fact that we are engaged in actually watching - and participating when possible in - the creation of a new body of important jurisprudence, concerning how courts will handle electronic discovery; this is something that doesn’t happen everyday.

And so I was very interested in this article, which discusses the development of the case law on electronic discovery at the federal district court level. The article points out that there are approximately fifty district court decisions to date that constitute the operative body of law on this subject, and that they provide “de facto national standards for e-discovery disputes.” The author then discusses two particular decisions in great detail, which in combination provide an excellent overview of how courts are handling the issue of electronic discovery.
Written By:tim On May 11, 2007 1:00 PM

Electronic discovery is facinating, because law is so tightly integrated with technology AND accessibility of technology. The other day, we had a client who was wondering about "old" tape for which they no longer had the hardware. Accessible? Also, as data volume increases, will the time it takes to process dictate whether data is accessible or not? What if technology suddenly makes it faster (e.g., 400 old tapes). See my post on eDiscovery and the data transfer problem.

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