Extract from Tom O’Connor’s article “The Ongoing Battle Over How ESI is Produced: eDiscovery Trends”
Tom’s overview is split into four parts, so we’ll cover each part separately. Here’s the first part.
Legal disputes in the civil arena typically succeed or fail these days as a result of the practice of eDiscovery. FRCP Rule 26(f), which provides for a conference of the parties and planning for discovery. This conference was designed to speed up the discovery process but more and more it has become bogged down with disputes over one particular section in that rule, (3)(C), which states that the plan shall contain “any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;”.