In 2007, in the pages of this Journal, George L. Paul and I posed a question to the legal profession at large, to wit: can the legal system adapt to the new reality of an era of rapid inflation in the amount of electronically stored information (ESI) at issue in civil litigation? After surveying the history of technological innovation that led to an explosion of new data, we proceeded to discuss various legal strategies for success in our current inflationary epoch. These strategies included: consideration of new and emerging ways in which to think about search and information retrieval in light of the limitations of traditional keyword searching the legal profession had come to rely upon; greater use of sampling and iteration so as to ensure greater quality; the use of multiple meet-and- confers to produce a “virtuous feedback cycle” of cooperation amongst counsel; predicting congressional enactment of Federal Rule of Evidence 502, enabling parties to leverage resources by providing large amounts of data in open discovery; and finally, making tentative predictions about the future of artificial intelligence as applied to information law problems.
Jason R. Baron,
Law in the Age of Exabytes: Some further Thoughts on ‘Information Inflation’ and Current Issues in E-Discovery Search,
Rich. J.L. & Tech
Available at: https://scholarship.richmond.edu/jolt/vol17/iss3/3