Perspective
Dec. 30, 2010
Technology Running Ahead of the Law: Tape and Electronic Discovery
Advances in technology call for courts to revisit rules for electronically stored information. By Daniel B. Garrie, Jerry Levine and John Schulman.
In an era where search tools have become ever faster and cheaper, it may be time for courts and rule makers to revisit the definition of inaccessible electronically stored information (ESI). The position of both courts and counsel has long been that archival media, or backup tapes, are generally inaccessible. Federal Rule of Civil Procedure 26(b)(2)(B) states that parties do not need to provide discovery of ESI...
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