The Information Governance Engagement Area has a link to a useful article which pulls together the key US sources on e-Discovery matters.
The article, by Robert Ambrogi in Law Technology News, is called EDD Bytes to feed your firm’s knowledge and is a jumping-off point for the key sources on electronic Discovery.
You wouldn’t want to sit down and read them all at a sitting, but it is a useful place to pick up a feel for what the key issues are in the US. This is important not just for the old idea that what happens there will happen here one day, but for the opposite – learning what to avoid by watching someone else go first.
This matters at a detail level – what applications work and which do not, what court rules in the FRCP help the process along and which help foul it up – but also with the broader picture. As with other aspects of Anglo-US relations, there are deep cultural differences hand in hand with the many similarities. Those of us who are keen to encourage e-Disclosure must be as alert to these as well as to the technical matters.