E-Discovery of Dynamic Data and Real-Time Communications: New Technology, Practical Facts, and Familiar Legal Principles

A great article on dynamic data by Microsoft’s Tom Burt, Corporate Vice President and Deputy General Counsel, Litigation, and Greg McCurdy, Senior Attorney, in the August 2006 of The Pocket Part, the online supplement to The Yale Law Journal.

"The forthcoming Federal e-discovery Rules are a welcome advance, but they do not address all of e-discovery’s challenging issues. For example, how should the law treat instant messaging (IM) or other forms of real-time communications? When must organizations or individuals preserve dynamic data such as databases or work in progress? Practical realities and established legal principles from the age of typewriters and telephones teach us that businesses should need to preserve real-time communications and dynamic data only when they record them for business purposes."

Click here to read the entire article.

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