Beginning with the December 2006 revisions to the Federal Rules of Civil Procedure, the enactment of Federal Rule of Evidence 502, it is important to understand where we are with respect to the discovery of electronic information.A review of prominent e-discovery decisions of 2008 is a good place to start. Waiver of the attorney-client privilege, failure to preserve, cost of production and search and retrieval standards are among many of the important topics covered in this survey of 2008 e-discovery opinions. Information regarding discovery standards is available in all SmartRules Guides regarding discovery such as Interrogatories in the Southern District of New York, and Requests for Production in the Central District of California.
