Keep ‘Smoking Gun’ E-Mails From Backfiring

Article by Christopher Boehning and Daniel J. Toal posted on Law.com, October 25, 2007:

Recent revisions to the Federal Rules of Civil Procedure have focused on the discovery and production of electronically stored information. As alluring as the promise of discovering a smoking-gun e-mail is, such an e-mail only becomes useful in litigation if it can surmount a series of evidentiary hurdles that all too often receive only scant attention and, in many cases, are overlooked entirely….


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