Electronic Discovery (3553)

Electronic discovery is one of the most talked-about subjects in modern litigation, and for good reason: most evidence no longer exists in paper files stored in a desk or cabinet, but in electronic form stored in a wide variety of devices ranging from mainframe computers to cell phones. Discovery of electronic evidence is one of the first subjects addressed in any lawsuit. It is among the more time-consuming and expensive aspects of any adjudicative process. As a result, understanding electronic discovery is an essential skill for litigators, in-house counsel, and other lawyers responsible for adjudication and dispute resolution processes. This course will utilize lecture format, problem solving, and small-group exercises to educate students about the rules governing electronic discovery and the processes and issues lawyers encounter as they navigate those rules. The course will pay particular attention to developing and understanding a practical, systematic approach to the e-discovery process, addressing the problem of e-discovery expense in relation to the stakes of the dispute, and confronting more common challenges associated with counseling clients in the e-discovery process. The primary objective of the course is to prepare students to lead an e-discovery process immediately upon their admission to the bar.