Discovery Resources

by Dennis Kiker, Esq., Director, Fios Consulting, Fios, Inc.

On September 8, 2008, the U.S. House of Representatives passed Senate Bill 2450 without amendments, which adds Rule 502 to the Federal Rules of Evidence. The bill was approved by the Senate way back in February (who says Congress doesn’t act quickly?), and President Bush has continue…

There is a mindset among many that retaining old e-mails will put a company at risk. Many reason that e-mails handed over to an adversary during e-discovery, for example, will contain a “smoking gun” that could result in embarrassment or the loss of a legal judgment. Read more from Michael Osteman and Network World.

As the burdens of e-discovery continue to mount, the search for a technological solution has only intensified. The holy grail here is a search methodology that will enable litigants to identify potentially relevant electronic documents reliably and efficiently. Read more from H. Christopher Boehning and Daniel J. Toal on Law.com.

“The Increasing Importance of Metadata in Electronic Discovery,” by W. Lawrence Wescott II, provides a detailed look at the value of metadata and presents a strong argument to encourage counsel to preserve metadata as a regular practice.

The Legal and Economic Implications of Electronic Discovery; Options for Future Research

By: James N. Dertouzos, Nicholas M. Pace, Robert H. Anderson

From The Rand Corporation website:

Pretrial discovery — the exchange of relevant information between litigants — is central to the American civil legal process. As computer technologies continue to develop, concerns have arisen that, continue…