[Excerpt] “The increase in e-discovery, e-discovery‘s impact on litigation, and the courts‘ unavoidable role in defining the limits of discovery led to the author‘s decision to develop this article. The availability, accessibility, and the ease of requesting electronic data, resulting in increased e-discovery under the Federal Rules of Civil Procedure, is an important issue that will affect the legal profession and its constituents in many ways for years to come. Part II of this article is an overview of Federal Rule of Civil Procedure 26(f). This part stresses that in recognizing the herculean task involved in e-discovery, courts expect that litigants immediately begin the process of understanding what their cases require from an e-discovery standpoint.
Part III highlights judges and cases that have had a clear hand in shaping the terrain of where electronic data discovery issues are heading. Part IV examines the ramifications of failing to comply with Federal Rule of Civil Procedure 26(f), illustrating the importance of Rule 26(f) in the litigation process. Abiding by the agreements that the parties reach under Rule 26(f) could avoid most, if not all, e-discovery problems. Part V examines problems associated with electronic data discovery. Part VI offers workable solutions to electronic data discovery concerns. Finally, Part VII concludes that even though the outer boundaries of e-discovery may be uncertain, judges, practitioners, and law schools must work together to ensure that exposure, training, and classes are available from the earliest possible time to ensure efficient and responsible adherence to the new requirements that the electronic age has brought to the litigation process.”
Ahunanya Anga, Legal Research in an Electronic Age: Electronic Data Discovery, a Litigation Albatross of Gigantic Proportions, 9 U.N.H. L. REV. 1 (2010), available at http://scholars.unh.edu/unh_lr/vol9/iss1/4