Discovering E-Discovery: a Resources Guide
E-discovery refers to discovery in civil litigation that focuses on the exchange of information in electronic form. Lainie Crouch Kaiser, a litigation attorney with McDermott Will & Emery, writes that “e-Discovery can be used as an umbrella term for both the legal and operational considerations related to how electronically stored information (ESI) is used in the modern day practice of law.” There are many types of ESI, including e-mail and office documents, voicemail, photos, video, and databases. Attorneys and others who write about e-discovery also include “raw data” as discoverable information. Ronald J. Hedges of Nixon Peabody writes that “[t]echnically, documents and data are ‘electronic’ if they exist in a medium that can only be read through the use of computers. Such media include cache memory, magnetic disks (such as DVDs or CDs), and magnetic tapes.”
This article does not present any legal analysis of e-discovery and what is and is not discoverable, but rather it provides a listing of resources that attorneys and those who work with them can use to gain a better understanding of e-discovery and its application in both federal and state courts.