Inadvertent E-mail Disclosure

Whether you are doing a little family law or a big corporate case, it seems like e-discovery is everywhere.  Law.com has a good article a lesser considered but potential rich area of e-discovery:  Inadvertent E-mail Disclosure.  The article is written by William K. Hill and Scott N. Wagner of Bilzin Sumberg Baena Price & Axelrod.  To quote:

ESI can be a treasure trove for the enterprising litigator because it creates a contemporaneous record of business dealings, thoughts and reactions in a way that its paper predecessors -- letters and memorandums -- could never do. E-discovery has correspondingly become a significant line item in modern, complex commercial litigation.

The go on to discuss some of the implications of the new Rule 502 of the Federal Rules of Evidence and practical advise about how to approach e-discovery.

Recommended Reading.

- Peter H. Berge

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