Scholarly Articles & Institutional Publications

The Journal of Dispute Resolution Section of the International Bar Association   From the Article: “No citation is required to establish the principle that throughout the world today most information is stored electronically.  It is no surprise, therefore, that everyone involved with dispute resolution – whether within a judicial system or arbitration – has an […]

13 Rich. J.L. & Tech. 10 (2007), available at http://law.richmond.edu/jolt/v13i3/article10.pdf From the Article: “…from this point forward lawyers must embrace creative, technological approaches to grappling with knowledge management as information inflation continues apace. Failure to do so will severely hamper the legal profession’s ability to meaningfully retrieve and process evidence. All this equates to perhaps the […]

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From the Introduction: “This revised edition of The Sedona Principles seeks to synthesize the current and best thinking from the case law and the amended Federal Rules to provide practical standards for modern discovery.”   Related Document: The Sedona Principles: 2005 Edition, Best Practices Recommendations & Principles for Addressing Electronic Document Production   The full text can […]

From the Article’s Conclusion: “Rule 37(f) represents a carefully considered policy judgment reconciling two sometimes competing policy considerations: the need for preservation of potentially responsive ESI for use in litigation and the need to minimize the unnecessary intrusion into productive use of the systems involved. Its impact is carefully targeted and depends upon court endorsement, […]

From the Article’s Conclusion: “Litigants and their attorneys must be proactive in how issues related to electronic discovery are handled. Being proactive does not mean cluttering the courts with automatic filings for preservation orders; it does mean, however, using the existing procedural framework to understand the capabilities and the limits of an opposing party’s computing […]

From the Article’s Conclusion: “For the lawyers, the problem is to engage and educate the judges about how the parties’ computer systems may affect discovery limits and obligations. For the judges, the problem is to supervise in an effective way that does not impose unrealistic and unduly burdensome demands on the lawyers and litigants. The […]

The full text is available at: https://litigation-essentials.lexisnexis… (with subscription)

2006 Fed. Cts. L. Rev. 7 The full text is available with subscription at: http://www.fclr…

The Conference of Chief Justices established a working group in 2004 to: “develop a reference document to assist state courts in considering issues related to electronic discovery…These Guidelines are intended to help reduce…uncertainty in state court litigation by assisting judge faced by a dispute over e-discovery in identify the issues and determining the decision-making factors […]