What implications will cloud computing have for civil litigation? This was the question posed by David Campbell, chair of the Advisory Committee on Civil Rules and professor Richard Marcus, associate reporter of the Advisory Committee in a June 29, 2011, memorandum to the participants of a “mini-conference” of the discovery subcommittee of the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. The conference convened on Sept. 9 to discuss the possible amendment of the Federal Rules of Civil Procedure to better address issues regarding preservation and sanctions in e-discovery.
According to the minutes of the mini-conference, attendees agreed that advancements in technology since the Supreme Court approved the e-discovery amendments to the Federal Rules of Civil Procedure have led to new challenges in e-discovery and preservation. Included among those advancements is cloud computing. The conference addressed cloud computing, calling it, along with social media, a “second generation” issue. One attendee noted the move to cloud computing will likely make the preservation and collection process “more settled,” and recognized that e-discovery vendors will eventually evolve to handle e-discovery in the cloud.
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