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Mind the Gap: Innovative Efforts to Improve the e-Discovery Process

By Jonathan Sachs and Benjamin Kirk

On Dec. 1, 2006, the Federal Rules of Civil Procedure were amended to address the growing complexities raised by the increased proliferation of electronically stored information (ESI). Although these amendments provided a modicum of clarity, many problems persist and more continue to arise. There is little doubt that many of these problems stem from the fact that e-discovery is primarily driven by technology, which has a natural rate of change that far outpaces the notoriously conservative legal field ' a trend that some are trying to change.

While many scholars and practitioners continue to simply lament the widening gap between “ideal” e-discovery regulations and the painful realities of the current legal system, a growing minority from both the bench and bar are working hard to fill the void in a number of innovative ways.

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