Let’s consider a subject that has all of the excitement of a good old-fashioned health class, without of course the fascinating diagrams: e-discovery. It’s a word with so many inherent ramifications that its very utterance has caused, at times, even the most die-hard of litigators to cringe.
For those who may have missed it, we now live in a world where e-discovery – where the E stands for electronic – is the de facto standard. The Federal Rules of Civil Procedure were modified in 1970 to – at least in theory if not in practice – accommodate the possibility that “the use of computerized information would increase.” Since not everybody took the hint that the Federal Rules were intended to apply to computerized as well as more traditional forms of information, the Federal Rules were amended again in 2006 to make the point painfully clear.
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