Is data really different? Does the information we routinely manipulate, transmit and delete everyday pose fundamentally new issues with respect to evidence and discovery in litigation than the paper of the past centuries?
Practice Tip: 'It's NOT Electronic Paper'
As the courts and clients struggle with the growing complexities of electronic information, the federal judiciary has begun exploring proposals aimed at addressing the challenges of electronic discovery. While several of the current federal proposals are still open for comment, it is worth taking a moment to consider the fundamental properties of electronic data and how conventional thoughts on evidence do or do not apply. As comforting as it would be to think of electronic evidence as just digital paper, the reality is that there are some inherent properties of electronic evidence that make it fundamentally different from conventional evidence.
By
Christopher GetnerThis premium content is locked for LawJournalNewsletters subscribers only
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