Get Ready for E-Discovery

By: Thomas J. Smith and Bree Kelly

One of the most daunting aspects of litigation is the discovery process, in which the parties turn over relevant information to one another. That used to be all about boxes full of paper; now it's about electronic records. Here's what you need to know about preparing for e-discovery and carrying out your duty to preserve and collect information.

As it turns out, what you don't know actually can hurt you, especially when it comes to electronic discovery. Indeed, courts are increasingly ordering sanctions and other penalties for parties' failures to recognize and comply with their e-discovery obligations....