Electronic discovery (or e-discovery, eDiscovery) refers to discovery in civil litigation which deals with the exchange of information in electronic format (often referred to as Electronically Stored Information or ESI). Usually (but not always) a digital forensics analysis is performed to recover evidence. A wider array of people are involved in eDiscovery (for example, forensic investigators, lawyers and IT managers) leading to problems with confusing terminology.
...appropriate means of determining relevant and discoverable documents for production. Addressing the e-discovery process more broadly, the court noted that, "[e]lectronic discovery...
...represents plaintiffs and defendants in complex commercial litigation. He has lectured on e-discovery, social media and ethics at judicial programs, as well as before...
In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: Since the summer, New York courts have issued a number of decisions that provide real practical guidance to clien
The New York Law Journal thanks our legal columnists who have been contributing to the Law Journal from the 1960s to the present day
Hal M. Stewart, former chief operating officer/executive director for two international Am Law 100 firms, writes: Choosing one among several (law firm) offers to accept can be one of the most importa
In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, analyzes a "hot off the press" ruling that declined to apply the federal 'Zubulake' spoliation standard applicable to E
...Reform: Prospects for Reducing Disputes and Gamesmanship," (NYLJ, Oct. 7, E-Discovery Special Report.) The article suggests that the proposed Federal...
Barry M. Kazan and Emily J. Mathieu of Thompson Hine write: To avoid the problems that arise from the destruction of evidence, companies must ask themselves proactively, "Where's my data?," not merel
...the discovery stage of litigation. The developing body of law relating to e-discovery of social networking information, however, has illuminated some of the challenges...
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