This article appeared in Cybersecurity Law & Strategy, an ALM publication for privacy and security professionals, Chief Information Security Officers, Chief Information Officers, Chief Technology Officers, Corporate Counsel, Internet and Tech Practitioners, In-House Counsel. Visit the website to learn more.
E-discovery, as an industry, is once again at an inflection point. As both an industry and technical endeavor that is now older than 20 years, it has rarely stood still for more than a couple years. Looking back at that (simpler?) time, the 1990s saw more and more relevant information being produced and maintained in electronic format, until finally in 2003-04, the Zubulake rulings delivered a clarion call to organizations that they had an obligation to preserve (and produce) relevant electronically stored information (ESI) just as thoroughly as they did traditional paper documents.
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