HOW TO MINIMIZE UNNECESSARY AND MISLEADING DISCOVERY DISCLOSURES— DOCUMENTS AND DEPOSITIONS (FUNDAMENTALS OF ELECTRONIC DISCOVERY AND THE NEW FEDERAL RULES)
Introduction
Discovery of electronically stored information has been an issue for decades, but there has been renewed interest in the topic of late due in large measure to the 2006 amendments to the Federal Rules of Civil Procedure which became effective on December 1, 2006. The issue has also risen in stature because of some recent high profile cases signaling the courts’ willingness to tackle the issues and the general fact that electronic technology has become so fully integrated with how we live and work that discovery of electronic information has become a necessity instead of mere theory.