Amendments to the Federal Rules of Civil Procedure in December 2006 legitimized the joint discipline of law and technology that had come to be known as electronic discovery or e-discovery, but did little to reduce the associated cost and business disruption. Responding to obligations driven by e-discovery is still a costly and disruptive endeavor in most instances, but failing to prepare can dramatically amplify both.
In the case of New York, the combination of the region’s status as a leading national and international showcase for litigation and the fact that many of the world’s most prominent and potentially vulnerable companies are headquartered in New York make the e-discovery impact particularly relevant to the region. In fact, a report earlier this year on Electronic Discovery in the New York State Courts suggests that judges and practitioners alike feel that the New York court system lacks the necessary predictability and consistency in handling e-discovery, which can lead to further wasted time and money expended by litigants in these issues. This impact can be particularly acute for the unprepared.
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