Everything is electronic these days, including discovery. In the wake of the 2006 amendments to the Federal Rules of Civil Procedure, old document requests are being replaced with demands for “electronically stored information” -- email, word processing, computer spreadsheets, databases, Internet communications, and a host of more esoteric bits and bytes. Battles are brewing over the duty of preservation, the form of production, inadvertent disclosure of privileged information, and charges of spoliation. The volume and complexity of these new sources of discovery, and the novel discovery issues they present, threaten to sidetrack litigation and send costs soaring.

       This presentation will guide practitioners and judges through the issues of e-discovery and explain how application of the new Federal Rules of Civil Procedure and The Sedona Principles can help reduce the costs and burdens. Using non-technical terms and illustrations, and allowing plenty of time for questions and discussion, the presentation will cover:

1. What makes “digital” discovery different
2. Recurring issues in electronic discovery
3. Fundamental e-discovery case law
4. Walking through the amended Federal Rules of Civil Procedure
5. Walking through The Sedona Principles
6. Practical solutions to common e-discovery problems
7. Resources for further study