E-Discovery Rulings: 2008 in Review
"In 2006, courts and litigants braced for the electronic data discovery amendments to the Federal Rules of Civil Procedure. Conventional wisdom suggested pandemonium would ensue as parties wrangled over the meaning and relative impact of the amended rules on their respective cases.
Instead, in 2007, courts quickly responded with several rulings that clarified the amended rules. Then in 2008, the EDD community saw its most active year to date, with opinions delving into the technology for search and retrieval, the meet-and-confer process and the enactment of Federal Rule of Evidence 502 to combat waiver of attorney-client privilege resulting from the inadvertent production of electronically stored information.
While the usual suspects -- a small group of active judges -- continue to write opinions that further guide and shape the preservation and production of ESI, several opinions in 2008 were drafted by relatively new players taking a more active role.
Many of 2008's "must read" opinions came from District of D.C. Magistrate Judge John Facciola and District of Maryland Judge Paul Grimm. Some have suggested the two have a friendly rivalry aptly called "the Battle of the Beltway," however, the cases are more likely testament to both judges' passion and expertise in the area."
Instead, in 2007, courts quickly responded with several rulings that clarified the amended rules. Then in 2008, the EDD community saw its most active year to date, with opinions delving into the technology for search and retrieval, the meet-and-confer process and the enactment of Federal Rule of Evidence 502 to combat waiver of attorney-client privilege resulting from the inadvertent production of electronically stored information.
While the usual suspects -- a small group of active judges -- continue to write opinions that further guide and shape the preservation and production of ESI, several opinions in 2008 were drafted by relatively new players taking a more active role.
Many of 2008's "must read" opinions came from District of D.C. Magistrate Judge John Facciola and District of Maryland Judge Paul Grimm. Some have suggested the two have a friendly rivalry aptly called "the Battle of the Beltway," however, the cases are more likely testament to both judges' passion and expertise in the area."
