E-Discovery (Re)sources Abound

By K&L Gates attorneys Todd L. Nunn and Trudy D. Tessaro

This article appears in the August 2008 edition of the King County Bar Bulletin, and begins:

Want to understand more about e-discovery, other than that the “e” stands for “excitement?”  Need a little light summer reading?  Well, you are in luck.  Never before have there been so many sources of e-discovery law.

In the old days (a few years ago), only case law dealt with the important issues that are central to e-discovery: preservation, collection, search/review, protection of privilege and production.  Now these issues are addressed by federal rules, state rules, numerous scholarly best practices and guidelines, model rules and guides for judges, not to mention (and this article really doesn’t with one exception) innumerable articles and blogs.

Many of these rules, protocols and best practices are “sources” of e-discovery law, in the sense that many are mandatory and binding on you when you practice in a particular court or state, but they are also important “(re)sources” because they provide specific guidance about how to handle the core issues of e-discovery.  This article provides only a basic guide to the sources and resources.  The rest is up to you.

View the full article here.