E-discovery (electronic discovery) is the obligation of parties to a lawsuit to exchange documents that exist only in electronic form.
Examples of electronic documents and data subject to e-discovery are e-mails, voice mail, instant messages, e-calendars, audio files, data on handheld devices, animation, metadata, graphics, photographs, spreadsheets, websites, drawings and other types of digital data.
eDiscovery is complicated because so much material is recorded in so many different ways which can all be retrieved. Litigation now includes the negotiation of data recovered, location, search terms, preservation format, custodians, backup tapes, personal hand-held devices etc.
While the American Bar Association urges US courts to respect data protection and privacy laws abroad, this does not always happen.
Transatlantic lawyers Jonathan Armstrong and Eric Sinrod from Duane Morris LLP discuss their concerns.