Sec. 3 – Mod. G
Welcome to Module 3-G.
Going Deeper Into Rule 26(b)(2)(B)
This module contains two essays on Rule 26(b)(2)(B). It is one of the most important tools in the arsenal of any e-discovery lawyer. You need to know it inside out in practice, and, even before you graduate, for the final exam of this course. The module ends with especially challenging assignments.
Do the New Rules Discourage IT Improvements?
Do the 2006 e-discovery amendments to the Federal Rules of Civil Procedure (“FRCP”) reward the continued use of outdated computer systems where information is hard to find and retrieve? Overall, no. But surprisingly one of the new rules does reward inefficient IT, and it is an important rule at that: Rule 26(b)(2)(B). Although it is not the intended purpose of the rule, there is no getting around the fact that 26(b)(2)(B) is a disincentive to IT upgrades designed to improve accessibility to stored information. It does so by providing special protection from discovery to hard-to-access computer data, protection not afforded to any other type of digital evidence.