The Information May Be Virtual, but the Borders are Real: The Challenges of International E-Discovery

(as published at www.lexisnexis.com/applieddiscovery)

Email and electronic documents are fast becoming the most sought-after evidence in civil litigation. “Electronic data,” wrote Judge Elizabeth T. Maass in the case of Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., Inc., “are the modern-day equivalent of the paper trail.”1 The amendments to the Federal Rules of Civil Procedure on electronic discovery take effect on December 1, 2006, but inconsistency in judicial decisions regarding discovery of electronic evidence can cause severe headaches to counsel attempting to defi ne parameters of discoverable email.

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