Discovery In The Information Age

Discovery In The Information Age

The discovery process, the primary fact-finding tool available to litigants, has always been contentious. Parties are loathe to hand over potentially embarrassing or incriminating documents, and the costs involved can be staggering. The information age has only served to make things more complicated. As the Northern District of Illinois observed in the 2002 case of Byers v. Illinois State Police, "[m]any informal messages that were previously relayed by telephone or at the water cooler are now sent via e-mail." Now that so many casual conversations are documented in e-mail and are, therefore, potentially subject to discovery, the discovery costs in the typical case have skyrocketed . Two recent United States District Court Cases, one out of Minnesota, Kay Beer Distributing, Inc. v. Energy Brands, Inc., and the other out of Florida, Kilpatrick v. Breg, Inc., provide a window into just how daunting electronic discovery can be, how judges are adapting traditional discovery rules to deal with these new problems, and how parties can do their part to avoid potential problems.
 
Read the entire entry at The Virginia Business Litigation Lawyer Blog
 
For nearly 15 years, trial lawyer and firm founder Lee E. Berlik has been providing effective representation for technology companies, banks, and other small and large businesses in complex litigation and arbitration involving contracts, intellectual property, employment matters, trade secrets, business torts and various statutory violations in both state and federal courts across Virginia and the District of Columbia. Having spent most of his career with large law firms employing 500-750 attorneys, Lee formed BerlikLaw in early 2009 with a mission of offering his clients increased responsiveness, greater value and flexibility, more predictable fees, and better service. For more information about BerlikLaw, visit the Web site.