What effect has e-discovery had on litigation?
We can look at this from two perspectives: the first is technical and the second is practical. Technically, new rules have been established that codify the fact that e-commerce is the order of the day and that electronic storage of documents now predominates. As a practical matter, these rules expand what can be done in discovery, and they create mechanisms for companies to be exposed to what heretofore had been undiscovered internal communication. Sometimes that is a great benefit to someone going through litigation, and sometimes it’s a potential detriment. What are the recent amendments to the Federal Rules of Civil Procedures in regards to e-discovery? It’s important to recognize that the rules have been around for decades, long before most people had ever heard the word computer. On the other hand, computers dominated companies’ operations for many years before the rules were changed on Dec. 1, 2006. The amendments define the capacity and the ability to request and obtain document
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