Electronic Discovery
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
Be sure to take advantage of Shepard's Citations to find the subsequent disposition of the legal opinions listed below as well as cases and codes that cite these opinions.
- 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.
Statutory Law
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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.