Law Commons^™

The Implications Of A Jeopardy! Computer Named Watson: Beating Corporate Boards Of Directors At Fiduciary Duties?, Roger M. Groves

Roger M. Groves

Millions of documents, including five million messages, termed electronically stored information (“ESI”) from the Enron litigation have provided an opportunity for software developers to create software that analyzes ESI for behaviors of computer users in more provocative and innovative ways than previously encountered. The law is struggling to clarify e-discovery rules, but the ambiguities provide an opportunity for counsel to manipulate or take advantage of forensic investigations. In this article, the author examines the potential exploitation of e-discovery forensic tools by shareholders of a corporation that suspect a breach of fiduciary duties by members of the board of directors.