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The eDiscovery and Information Governance Law Review - Edition 3

May 04, 2021

The e-Discovery and Information Governance Law Review, published by Law Business Research, make up an essential information tool for practitioners, in-house counsel, governments and corporate officers. Both a desktop reference tool and an online resource, The Law Reviews series handpicks key and developing areas of law and provides detailed insight from those who have on-the-ground experience.

This third edition of The e-Discovery and Information Governance Law Review provides a general overview of e-discovery and information governance obligations in key jurisdictions around the world.

Preface

Virtually unheard of 20 years ago, increasing data volumes and ever-changing technologies have resulted in e-discovery and information governance exploding onto the legal scene. Corporations face a wide array of overlapping and competing e-discovery and information governance laws and regulations, impacting the use, retention and disposition of electronically stored information (ESI). 

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UK Overview

The rules relating to disclosure in the context of English civil litigation are contained in the Civil Procedure Rules (CPR), which govern the practice and procedure for civil cases in England and Wales.2 However, as England has a common law legal system, parties will also need to consider English case law to the extent that it is relevant to any issue that may arise.

Until 1 January 2019, the relevant rules were contained in Part 31 of the CPR. However, on this date, a new Disclosure Pilot Scheme (the Disclosure Pilot) was launched, creating a new mandatory framework for disclosure. 

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US Overview

The law governing electronic discovery (e-discovery) is continually developing. US courts, administrative agencies and regulatory bodies often have an expansive view of discovery of electronically stored information (ESI). This view stems from the notion that broad discovery helps facilitate the quest for truth.

The Federal Rules of Civil Procedure (the Federal Rules), state procedural rules, the Federal Rules of Evidence, state evidentiary rules, regulatory agency rules, other local rules and case law created by judicial and regulatory opinions form a patchwork of law governing e-discovery. Although courts and regulatory authorities are adapting evidentiary and procedural rules to the realities of e-discovery, courts, regulatory authorities and litigants struggle to keep up with ever-changing technologies and data proliferation. 

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Jurisdictions

The third edition of The eDiscovery and Information Governance Law Review covers jurisdictions. 

Morgan Lewis Contributors

  • Preface
  • United Kingdom 
  • United States

Other country-specific chapters are available from The Law Reviews website:

  • Argentina
  • Belgium
  • Brazil
  • France
  • Japan
  • Poland
  • Spain