Electronic discovery

Using an interesting pair of contrasting metaphors, Robert Eisenberg provides litigators with a series of recommended strategies on preserving and seeking discovery of evidence in electronic format.  He offers two different approaches -- the aggressive ("the gunslinger") and the more cautious ("the homesteader"). (at LLRX)

Jason Hoppin of The Recorder points out that more litigators are bypassing the paper product and asking for direct discovery of the electronic files on their opponents' systems.  (at Law.com - Thanks to Ernie for the first pointer to this one.)

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