Resources to help counsel manage electronic discovery in current or future litigation.
Electronic discovery (e-discovery) is a term used to describe the discovery ( www.practicallaw.com/8-107-6127) of electronically stored information ( www.practicallaw.com/8-517-6434) (ESI) in litigation. E-discovery poses different and often more difficult challenges for litigants than traditional paper discovery. The volume of discoverable ESI often dwarfs the amount of discoverable paper documents. ESI may also consist of a variety of file types (such as email, voicemail messages, and image files) in a multitude of locations (such as hard drives, cell phones, social media ( www.practicallaw.com/6-505-4136) websites, and third-party servers, or the cloud ( www.practicallaw.com/4-501-5476) ).
Counsel and companies facing litigation must understand and comply with their e-discovery obligations. If parties do not take reasonable steps to preserve ESI, they may face severe sanctions, including adverse inference jury instructions, default judgment, and dismissal (FRCP 37(e)).
This E-Discovery Toolkit provides continuously maintained resources designed to help counsel and litigants meet their e-discovery obligations under the Federal Rules of Civil Procedure and developing case law. The resources in this Toolkit also provide practical tips for preserving, collecting ( www.practicallaw.com/0-521-0026) , processing ( www.practicallaw.com/8-521-0027) , reviewing, and producing ESI in a cost effective and timely manner.