Electronic Discovery: An Overview

No longer is electronic discovery reserved for the rare case involving complex technical issues, or those involving large damage claims. In modern-day complex litigation, as well as simpler cases involving individuals, the proverbial "smoking gun" is as likely to be a deleted e-mail or electronically stored draft document as it is a "hard copy" of a document. The proliferation of computers not only in the office but in the home — and, indeed, portable computers that travel with the user — greatly increases the odds that many discoverable documents will be available, and perhaps only available, in electronic format. This article provides a general primer on the subject of electronic discovery, discussing some recurring issues in the case law, as well as issues that should be of particular interest to franchisors and franchisees.

27 minute read October 08, 2004 at 11:20 AM

By

Eric W. Penzer