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Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander
Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander
Richmond Journal of Law & Technology
But as precedents survive like the clavicle in the cat, long after the use they once served is at an end, and the reason for them has been forgotten, the result of following them must often be failure and confusion from the merely logical point of view.
The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert
Richmond Journal of Law & Technology
Discovery jurisprudence is a cornerstone of civil litigation in the United States. The Federal Rules of Civil Procedure, as adopted in 1938, introduced a broad discovery process, which was not a previously accepted practice. The Federal Rules of Civil Procedure have been revised several times since 1938, reflecting the evolution of society. However, prior to 2006, 1970 was the last time the discovery rules were amended to take into account changes in information technology. In the last thirty-seven years, technological advances in electronic storage and communication have changed the way people live and how business is conducted, beyond what could …
Negotiating The Minefields Of Electronic Discovery, Stephen D. Williger, Robin M. Wilson
Negotiating The Minefields Of Electronic Discovery, Stephen D. Williger, Robin M. Wilson
Richmond Journal of Law & Technology
A company’s employee has sued for sexual harassment, age discrimination, or wrongful termination. Or, as another example, the company has been sued for infringement of intellectual property, breach of contract, fraud, or any number of other business reasons. During the course of discovery, the plaintiff serves discovery requests, including a request for data that has been deleted from the company’s electronic records but may still be contained within the company’s backup systems. The search for this data is time consuming and expensive. Discoverable materials may be found in the company’s backup system, but does that possibility justify the lost productivity …