Seventy years ago, when the world was still paper-based, a famous lyricist wrote: “Say, it’s only a paper moon [s]ailing over a cardboard sea. But it wouldn’t be make-believe [i]f you believed in me.” Jump to today’s digital world, and imagine those lines re-written in an e-mail from a litigator to a client: “Now, underneath each paper moon is a vast electronic sea. If you plot a realist’s course you’ll cruise e-Discovery.” In the twentieth century, while civil litigation often wallowed in discovery disputes, at least paper’s one-dimensional nature provided several boundaries. The expansive powers of digital media have shattered those outer limits. Thus, on a regular basis, judges, litigators, clients, and technologists have been forced to explore and testnew methods of fair, thorough, and efficient requests for, and production of, electronic information.
Robert D. Brownstone,
Collaborative Navigation of the Stormy e-Discovery Seas,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol10/iss5/6