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The Shifting Landscape of e-Discovery

By Alan Klein and Michael S. Zullo
June 28, 2006

[Editor's Note: This month, we bring you another in a continuing series of articles on the U.S. Supreme Court-approved proposed amendments to the Federal Rules of Civil Procedure, which become effective Dec. 1 ' unless Congress acts to veto or alter them. Last month, two guest authors explored and defined the concept of accessible and inaccessible electronically stored information as defined by the new rules. This month's article expands on some aspects of that discussion, and provides a new discussion of some elements related to the production and handling, and the disclosure and protection of e-discovery data, including confidential information, under amended Rule 37, and briefly ponders the possible guidance that recently issued Sedona Conference guidelines may provide judges.]

On Dec. 1, the Federal Rules of Civil Procedure will be revised dramatically to address increasingly complex issues in the area of e-discovery. As e-Discovery Law & Strategy has reported, these amended rules represent a sea change in the practice of discovery, specifically addressing electronic discovery, and will affect a wide range of cases.

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