E-Discovery Update: A Contrarian Retrospective On E-Discovery In 2007
Link to article by Conrad J. Jacoby posted in LLRX.com, December 29, 2007:
Many e-discovery commentators have described 2007 as “the year that changed litigation,” thanks to amendments to the Federal Rules of Civil Procedure that (1) required counsel to discuss specific logistical details concerning the discovery of electronically stored information (“ESI”) in the first 60-90 days of the case; and (2) strongly encouraged courts to specifically include ESI management in their case management orders. As support for the importance of 2007, commentators point to the large number of highly visible court orders and opinions issued in the past year that interpret these new requirements and apply them to specific situations. They also point to a range of polls and surveys that show that in-house counsel is paying much closer attention to ESI preservation and e discovery budget issues than they have in the past.
Still, for all these well-publicized activities, how much did the average litigation practice change in 2007? A contrarian could argue that, amended Rules or not, 2007 was much more of a continuation of past litigation practices than a radical beginning in a new e-discovery-aware world order….
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