February 05, 2009

Partner Gregory M. Boyle and Associates William P. Wallenstein and J.H. Jennifer Lee published an article in the Winter 2009 edition of the American Bar Association’s Pretrial Practice & Discovery newsletter titled, “Reasonable Accessibility and the Discoverability of ESI.” The authors examine how the development of mobile technologies has altered pretrial litigation, potentially “expanding the scope of discovery well beyond the parameters of the workplace.” The article discusses whether corporations are obliged to preserve, disclose, and produce relevant ESI that is stored on their executives’ and directors’ personal hard drives and private email servers.