Article by Jeffrey L. Nagel, Gibbons P.C., posted on The Metropolitan Corporate Counsel, December 2007:

Much has been written about a company’s obligation to preserve, produce, and even restore electronically stored information (”ESI”), but much less has been written about the ways in which ESI can actually be used as evidence to prove one’s case or defend against a charge. That is changing, as shown by the recent case of Lorraine v. Markel American Insurance Co.  , 241 F.R.D. 534 (D.Md. May 4, 2007)….

News article by Bruce V. Bigelow posted on SignOnSanDiego.com, October 19, 2007:  Complex cases often depend on electronic evidence organizers

Deborah Burk showed how effective litigation support technology can be in a dramatic “gotcha” moment during the 17th day of the Peregrine Systems fraud trial, a Tuesday morning in May.

Under questioning by a prosecutor, Peregrine’s former assistant controller, Denise Mastro, described how she helped others falsify the San Diego company’s 2001 financial statement….

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….

Article by David Bissinger posted on Law.com, August 23, 2007: Effective examination of witnesses using electronic documents

Many articles talk about the new e-discovery rules, but few address how to use electronic information in examining witnesses.

Just 10 years ago, a lawyer examining a witness might have had only one or two memos in a typical business case. Now, e-mails and other electronic documents give lawyers day-by-day — and often minute-by-minute — records of the ideas and actions of key witnesses.

Remember the Enron trader tapes? Enron’s tapes caught a trader asking about “[a]ll the money you guys stole from those poor grandmothers in California,” with his fellow trader responding, “[y]eah, grandma Millie, man,” according to published transcripts. And it got a lot worse.

These materials can present lawyers with a Disneyland of damning documents — or at least a detailed history of the events in the case well beyond what used to be available. But be careful. Electronic discovery has changed not just the rules of document production, but also how to use these materials when questioning and preparing witnesses. Here are some ideas on preparing for witness questioning….

Blog entry posted on The E-Legal Lawyer, Dec. 20, 2006: “In today’s computer dependant world, the zealous advocate must be able to navigate his way through every conceivable form of discovery in order to effectively represent his or her client. Failure to seek the appropriate records or the failure to respond to discovery requests with the appropriate electronic discovery knowledge could potentially expose both client and attorney to the risk of sanctions for discovery abuses and/or result in the spoliation of evidence. Knowledge of the electronic evidence is crucial to any attorney hoping to retain clients. Once electronic evidence is in hand though, an attorney faces additional obstacles, specifically, regarding how to properly use such evidence. Gaining a true understanding of metadata can mean the difference between success and failure….”

Article by Beth Bar posted on Law.com, Nov. 16, 2006: “Defense attorneys in the KPMG tax fraud case have close to 20 million pages of discovery documents to sift through, and more are arriving every week.”