Electronic Discovery

Revision as of 08:58, 14 April 2009

Electronic Discovery or E-Discovery refers to the legal discovery process as it applies to electronic records. The rapid adoption of electronic communication and storage technologies by government institutions and corporate entities since the 1980s has raised a host of legal and practical issues related to record-keeping practices, privacy, freedom of information, and disclosure of evidence. Laws and regulations that were developed for paper-based records have had to evolve quickly to deal with the unique characteristics and the enormous volume of electronic records. It has often been high-stakes, high-profile litigation such as the Iran-Contra hearings and the Enron case that have driven that evolution. LexisNexis provides several resources for researching this topic.

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Case Law

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Landmark Cases Regarding Electronic Records

• Armstrong v. Bush 721 F. Supp. 343 (1989) -- a key decision in the "PROFS" case related to destruction of email records relevant to the Iran-Contra affair.

• Armstrong v. Bush 924 F.2d 282 (1991)

• Armstrong v. Executive Office of the President (1993)

Case Studies

• In re Seroquel Products Liability Litigation, 244 FRD 650 (MD Fla 2007)

• Treppel v. Biovail, 233 FRD 363 (SDNY 2006)

• Zubulake v. UBS Warburg LLC (Zubulake V), 229 FRD 422 (SDNY 2004)

• Rambus, Inc. v. Infineon Technologies, 222 FRD 280 (ED Va 2004)

• Clearone Communications Inc. v. Chiang, 2008 U.S. Dist. LEXIS 27617, 2008 WL 920336 (D. Utah 2008)

• Arthur Andersen LLP v. United States, 544 US 696 (2005)

• In re Fannie Mae Litigation, 2009 U.S. App. LEXIS 9, 2009 WL 21528 (D.C. Cir.)

• Aguilar v. ICE Division of the U.S. Dep’t of Homeland Security, 2008 U.S. Dist. LEXIS 97018, 2008 WL 5062700 (S.D.N.Y. Nov. 21, 2008)

• Public Citizen v. Carlin, 184 F.3d 900 (D.C. Cir. 1998)

• Columbia Pictures Industries v. Bunnell, 2007 U.S. Dist. LEXIS 46364, 2007 WL 2080419 (CD Cal 2007)

Statutory Law

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United States Code

• Federal Rules of Civil Procedure, Rule 34

• Annotated U.S. Code 44 sec. 2201

Law Reviews

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Search Suggestions

Research This Topic in LexisNexis Congressional

Major Legislation

Additional Resources

• Scheindlin, Shira, Daniel J. Capra, and The Sedona Conference. Electronic Discovery and Digital Evidence: Cases and Materials. 1st ed. West, 2008.

• E-Discovery Team blog by Ralph Losey.

• LexisNexis Practice Tips: The Discovery Standard