Legal and Economic Implications of Electronic Discovery : Options for Future Research

by Dertouzos, James N.; Pace, Nicholas M.; Anderson, Robert H.

• ISBN13: 9780833044228
• ISBN10: 0833044222
• Format: Paperback
• Copyright: 2008-04-15
• Publisher: Natl Book Network

Summary

The growing volume of electronically stored information has led to concerns that requests for electronic discovery (e-discovery) can increase litigation costs, impose new risks on lawyers and their clients, and alter expectations about likely court outcomes. The authors provide an overview of the issues involved and outline five avenues for future research on the legal and economic implications of e-discovery.

Table of Contents

Preface
Figure and Tables
Summary
Acknowledgments
Abbreviations
Section 1
Introduction	p. 1
Study Purpose and Approach	p. 2
Key Concerns	p. 2
Organization of This Paper	p. 4
Section 2
The Current State of E-Discovery Law	p. 7
Scarce Legal Guidance	p. 7
Federal Rules of Civil Procedure Revisions	p. 9
The Future of E-Discovery	p. 12
Section 3
Exploratory Model of Case Outcomes	p. 13
Litigation Costs and Benefits	p. 13
Incentives to Settle	p. 14
E-Discovery and the Costs and Benefits of Litigation	p. 15
Probable Effects of E-Discovery	p. 17
Section 4
Proposed Research Agenda	p. 19
Conceptual Overview	p. 19
Project Descriptions	p. 20
Impact of E-Discovery on Litigation Outcomes	p. 20
The Costs of E-Discovery	p. 21
Forward-Looking Review of Emerging Technologies	p. 21
Evaluation of Federal Rules	p. 21
Assessment of Indirect Effects of E-Discovery on Business Practices	p. 21
Table of Contents provided by Blackwell. All Rights Reserved.