Mastering EDD

The plain reality that litigants are facing today is that the process of retrieving, searching for, reviewing and producing responsive ESI is akin to embarking on an unmapped journey through the Okefenokee Swamp: an uncertain path, unknown hazards and an unreliable itinerary, with only a vague idea where the journey’s final destination may be. There is no turning back the clock to the days before the 2006 amendments to the FRCP emphasizing the importance of electronic discovery. However, borrowing the words of the esteemed philosopher Pogo, in regard to electronic discovery, “We have met the enemy and he is us.” Until we, the participants in the process, figure out how to complete that journey in a way that comports with the goal of Rule 1, FRCP, balancing the need for full disclosure in discovery with the “just, speedy, and inexpensive determination of every action,” the electronic discovery process will continue to be inordinately expensive and time-consuming and will unduly delay the just determination of many actions brought in the federal courts.

The goal of this blog is to identify resources and methodologies which might speed that journey and, as well, to discovery the roadblocks and quicksand that impedes successfully reaching the destination.