October 21, 2008

Partners Daniel R. Murray and Timothy J. Chorvat and Associate Chad E. Bell address what makes electronic materials different from traditional paper sources of discovery. The authors investigate the reasons behind the 2006 amendments to the Federal Rules of Civil Procedure that implemented the term “electronically stored information” in reference to computerized information. The article explores how the “form” of electronically stored information has informed the “functional” Rules. According to the authors, “only by understanding the fundamental properties of ‘electronically stored information’ can businesses understand their e-discovery responsibilities under the new Federal Rules of Civil Procedure and find the practices that will best protect them in the event of litigation.”