文档介绍：MANAGING E-MAIL: “DISCOVERY” IN A . LAWSUIT FICPI -- 7th Open Forum Prague -- 10 October 2002
Jeffrey M. Butler
Managing E-mail and Other Electronically Stored Data
E-mail: easy, fast, inexpensive means puter-stored documents: easy way to store, and retrieve, vast quantities of information
HOWEVER, there are substantial potential pitfalls from a legal perspective:
DISCOVERY
E-mails from Bill Gates
patible with other browsers:
“We have to stop putting any effort into [making MS Office patible with other browsers]…. Anything else is suicide for our platform.”
On his concern scape’s and Java’s being used to supplant Windows as an operating system:
It will “commoditize” Windows
E-mail from Microsoft Officers
On Microsoft’s intentions regarding Java:
To “proactively [try] to put obstacles in Sun’s path, and get anyone that wants to write in [Sun’s] Java to use [Microsoft’s] J/Direct.”
E-mail from Microsoft Officers
On Microsoft’s intentions regarding the bundling of Explorer with Windows 98:
“The stunning insight is this: To make [consumers] switch away scape we need to make them to upgrade [sic] to Windows 98 . . . We can leverage these assets to convert the Navigator installed base and scape’s browser market share leadership. ...”
What Kinds of Electronic Files Potentially are “Discoverable”?
E-mail
Inter-office and third-party E-mail
Files
Documents
Document drafts and copies of documents
Earlier versions of documents
Scanned copies of papers (., pdf files)
Notes of meetings or conversations on PDAs or word processors
Where Can “E-Documents” be Found?
Disks
works
Backup tapes
CD/DVD-ROMs
Hard drives
PDAs
Overview
What is “discovery”?
What electronically stored information is “discoverable” under the “Federal Rules of Civil Procedure”?
What protections are available to a “producing party”?
What (properly) can be done to prevent materials being discoverable?
What is “Discovery”?
The initial (pretrial) period of a lawsuit during which the parti