Litigation
May 21, 2010
Reevaluating the Rules for e-Discovery
Daniel Kolkey of Gibson Dunn and Chuck Ragan of Huron Consulting Group say current discovery rules fail to fully appreciate what management of electronically stored information entails.
In his annual message to Congress in 1862, Lincoln famously observed, "The dogmas of the quiet past are inadequate to the stormy present." So, too, the discovery dogmas of litigation past are inadequate to the storm unleashed by e-discovery. Yes, in 2006 and 2009, changes were made to the federal and California discovery rules in order to adapt them to some of the unique issues arising out of e-discovery, such...
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