Nearly three years have passed since electronic discovery was formally introduced into the realm of discovery. The scope of electronic discovery is broad- it includes discovery of “any information that can be stored electronically, including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or compilations—stored in any medium from which information can be obtained either directly, or if necessary, after translation by the responding party into a reasonably usable form.” However, the discovery of electronically stored information (“ESI”) is not without its limitations, thus lending comfort to those old dogs who do not want to learn new tricks. This article is aimed at fleshing out what limitations, if any, exist in the black hole of electronic discovery.
Read the entire article from Around the Bar by Katie D. Bell and reprinted with permission from the Baton Rouge Bar Association.