University of Maryland Journal of Business & Technology Law
An Argument for Uniform E-Discovery Practice in Cross-Border Civil Litigation
By Daniel B. Garrie & Daniel Gelb
THIS ARTICLE ADDRESSES ELECTRONIC EVIDENCE AND DISCOVERY (“e-discovery”) and its associated electronically-stored information (“ESI”) in complex cross-border litigation. Since businesses across the world employ computer technology in their respective daily operations, the challenges businesses confront are often uniform with respect to the collection, review, production, and overall management of e-discovery — irrespective of the forum or national venue. E-discovery is a subject that transcends national borders. This globalizing trend will undoubtedly continue as the utilization of cloud-based computing replaces traditional local hard drive-based infrastructures. The forum of a litigant’s information technology and data schematics should not impede that party’s access to cost-effective and efficient resolution of a legal dispute.
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