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Navigating the E-Discovery Maze

What Every Litigator Should Know

Electronic discovery has been around since the advent of the computer. Yet, it is only within the past few years, if even then, that most attorneys seem to have taken notice. By now, finally, most lawyers have heard the term and a few horror stories. The recent amendments to the Federal Rules of Civil Procedure have galvanized interest further. However, very few lawyers seem to understand the technical dynamics and details that define the electronic discovery universe. The devil is in the details—the technical details. Until you or your counsel deconstruct, comprehend, and harness those details, you will not own the e-discovery process. The process will own you.

This article explores that technical underworld, including what metadata is and why it matters, and the “ins” and “outs” of email, network drives, local drives, and backup tapes. While no article can completely map the maze, this one should at least get you started.

 
 
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