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For several years we have noted that the legal system needs to catch up to the ongoing computer revolution, not necessarily to craft new rules, but to reach something resembling consensus on how the old rules apply to new technologies. While that process by definition is one that can never be completed, we do seem to be in a period of almost daily judicial decisions applying old rules to new technologies. Hopefully we are moving toward some established principles that will give litigants more predictability in discovery and other technology-related issues. Just as important, decisions give companies guidance in structuring their information management practices in the liability-minimizing way.

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