Over the past year and a half, as our judiciary and members of the bar have risen to meet the challenges presented by COVID-19, the adoption of technology has increased exponentially. For many of us, that has translated to Zoom or telephonic court appearances and hearings, and in our experience, virtual trials. It has been a digital renaissance of sorts for a profession revered for its fidelity to history, precedent, and long-engrained modes of doing business. While practitioners are catching up in some respects to this digital transformation, our clients, and the litigation spawned by their relationships, have been at the vanguard of this electronic transformation for decades. More specifically, the modes of communication they utilize—email, instant messaging, videoconferencing, social media, and customer relationship management (CRM) platforms—have put e-discovery at the forefront of almost every litigation.

Put simply, mastering the art of e-discovery is no longer optional for practitioners. From counseling your clients on suspending routine document retention policies; to explaining the nuts and bolts of instituting litigation holds on their computers, cell phones, and other electronic devices; to prosecuting your adversary’s failure to do so, e-discovery has become an essential tool that can change the complexion of any litigation.

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