Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

INACCESSIBLE ESI: WHAT ARE THE COURTS SAYING?

February 5, 2009

My friend and colleague David Isom writes terrific poetry. So I have to say that reading his recent article in the Federal Courts Law Review was not nearly as much fun as reading his poetry!

That aside, it was very informative reading and well writen, if not poetic. The article is entitled "The Burden of Discoverying Inaccessible Electronically Stored Information: Rules 26(b)(2)(B) and 45(d)(1)(D)." It was one thing to have those two rules, but quite another to see how the courts would interpret them in practice. All the time, we hear in court "The evidence is critical" v. "the burden is too great" argument, so it is very useful to have the court cases rounded up in a neat package, with some thoughtful commentary along the way.

Good job David, but give me poetry next time!

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