April 9, 2010, Newsletter Issue #13: Why Are Electronic Discovery Services Important in Antitrust Cases?

Tip of the Week


With the advent of electronic communications, including email and faxing, electronic discovery services are an important part of antitrust cases. Memos, correspondence, pleadings, and contracts are sent back and forth via email, allowing firms to make client changes to documents much faster.

If a particular case goes to litigation, discovery must be provided to the plaintiff(s) and defendant(s). Part of that discovery includes email messages between the attorneys and messages between the attorneys and clients, but some emails may contain privileged information. Privileged information is not “discoverable,” and is not produced to opposing counsel during litigation.

There may be many emails that were saved over time. The emails and their attachments (if any) must be reviewed for content. Staffing companies provide temporary attorneys to review emails for confidential and privileged information. The documents are also coded for relevancy.

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