Extract from David Horrigan’s article “Commonwealth v. Fowler: What the Kevin Spacey Cases Mean for E-Discovery and the Law”
Electronic discovery has traditionally been a precursor to deciding a case on the merits—a procedural consideration before getting to the substantive issues of the matter.
But, what about when e-discovery decides the case?
As communication has become increasingly more digital and more mobile, electronic discovery has become not only a critical factor—but the deciding factor—in some cases. One of those cases is Commonwealth v. Fowler.