E-mail has changed litigation. In the “old” days, typed or handwritten letters and memoranda were the focal point of discovery of communications between individuals. Such documents still exist, of course, but they are dwindling in number. And while paper documents typically have limited distribution, are centrally stored and then are discarded after a reasonable period of time, e-mail can have wide distribution, makes every employee a file keeper and might be deleted by the sender yet never truly disappear.
So what challenges do electronic communications present to litigators? Let me walk you through some of the answers to this question.
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