Robert Brownstone, Law and Technology Director at Fenwick & West, published an article in the North Carolina Journal of Law & Technology about the complexity of Information Technology (IT) and electronic discovery issues in an increasingly digital world.
Brownstone’s article elaborates on the growing significance of electronic information to legal disputes, and the potential damage that such information may cause. He also discusses the danger of metadata, which may be embedded in electronic files. Metadata may contain information about file histories; revisions; and in some cases, sensitive information that could compromise attorney-client privilege.
Brownstone also reviews the discovery rules pertaining to electronically stored information and key categories of electronic information. Case law supports the assertion that electronic information is as susceptible to discovery rules and principles as paper. Now, employers must account for information stored electronically and consider the most effective and efficient means for accessing electronically stored information. Brownstone concludes that it is only a matter of time before other forms of electronic communication, such as voicemail and instant messaging, become part of electronic discovery as well.
Read the entire article, published in North Carolina Journal of Law & Technology, vol. 8, issue 1: Fall 2006. See also: May 2007 supplement to original article.