It has been three years since the electronic data discovery amendments were added to the Federal Rules of Civil Procedure — and the resulting number of reported cases involving electronically stored information has skyrocketed. Still, 2009 can best be described as routine, with many cases reiterating now-established principles that were previously unknown, overlooked, or ignored by litigants and their counsel.
If the 2009 case law is a guide, then it may be that some lawyers simply do not anticipate (or woefully underestimate) issues related to ESI. Worse, it appears that a small handful of lawyers are engaging in "hide-the-ball" tactics with EDD, seemingly unaware they are heading down a perilous road.
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