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EDiscovery

EDiscovery: Preserving, Requesting & Producing Electronic Information, 19 Santa Clara Computer & High Tech. L. J. 131 (Dec. 2002), as updated 6/11/03. This lengthy article examines the implications of the shift from tangible paper files to an ever-expanding universe of intangible electronic items, including emails, databases, back-up tapes and websites. The piece explores how the growing body of EDiscovery case law has expanded discovery compliance obligations to encompass: sophisticated document retention policies; enhanced organization and management processes; particularized protocols designed to safeguard trade secrets and other confidential information; and increased use of computer forensics experts.