Law Technology

The New E-Discovery Financial Burden - The New Rules in Action

By Michael Arkfeld

The new e-discovery burden.  Rather than streamline and limit litigation, a rule change adds a new financial burden, Internet attorney Eric J. Sinrod says, "Almost a year ago the Federal Rules of Civil Procedure governing the discovery of electronic data were amended. While the changes were designed to reduce litigation costs, we've seen just the opposite.  The amendments broadened the definition of items subject to legal discovery, ranging from "documents" or "data compilations" to include all electronically stored information. Parties in a lawsuit can now demand from each other word processing documents, e-mails, voice mail and instant messages, blogs, backup tapes and database files. Failure to comply with these sundry electronic production obligations can lead to serious sanctions, sometimes to the tune of millions of dollars. In the aftermath of all the changes in the e-discovery landscape, let's take a closer look at how recent rulings are shaping the legal terrain. . . . "

Full post as published by Electronic Discovery & Evidence on October 21, 2007 (boomark / email).