Avoiding disputes regarding electronic evidence: A U.S. Perspective
Digital Evidence and Electronic Signature Law Review - Nbr. 5, October 2008
Judge Francis M. Allegra - United States Court of Federal Claims, Washington, D.C.
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http://vlex.com/vid/avoiding-disputes-regarding-perspective-51499904
Id. vLex: VLEX-51499904
Background. Key provisions in the U.S. Federal Rules of Civil Procedure insofar as they relate to electronic discovery. Common pitfalls that lead to electronic discovery disputes in the United States - and how to avoid them. Failing initially to take proper steps to preserve electronic information. Failing to maximize the value of the preliminary status conference.
Avoiding disputes regarding electronic evidence: A U.S. Perspective
United States Court of Federal Claims, Washington, D.C. 1
Background There are several practical reasons why disputes regarding electronic evidence are on the increase. First, electronically stored information has become ubiquitous. Some have estimated that upwards 95 percent of all information is now created or at least stored electronically.2 Second, electronic evidence is pervasive in other ways that seemingly promote more disputes - it is more difficult to eliminate than paper documents; has content that changes over time even without human intervention; and includes information that is not readily apparent to one viewing a given file (often in the form of meta-data that provides information regarding the storage, modification and retrieval of the electronic file).3 Recognizing the ever-increasing importance of electronic evidence, the Federal judiciary in the United States recently adopted ne...
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