Comments on: 26 Electronic Discovery Trends for 2008

By: Jacques Francoeur

Jacques Francoeur — Thu, 29 Nov 2007 01:14:57 +0000

I am sure you have heard of the recent Vee Vinhnee v American Express case and the May 4 2007 Grimm Markel American Insurance decision?
Even though article 9 of the Federal Rules of Evidence require authentication of records “as a condition precedent to admissibility,” the recent case and decision above indicate that the existing FRE need to be amended to be aligned with the key challenges and vulnerabilities of ESI.
Where would you position the emerging trend to demonstrate a “foundation of authenticity” of the ESI offered as evidence BEFORE it can be admitted into evidence?

By: Jason Jones

Jason Jones — Wed, 24 Oct 2007 22:42:11 +0000

Dennis, you have absolutely made my day by mentioning the Singularity.
Anytime I try and bring it up with other lawyers I know they stare back at me with wild eyes like I just told them I’m selling all my worldly possessions and joining the Moonies.
But how can you plan for the future (in legal tech or anything else) without accounting for accelerating change?

By: Monica Bay

Monica Bay — Tue, 23 Oct 2007 17:19:20 +0000

Dennis, thank you for your kind comments and links to our articles. A minor clarification: My story originally ran in Law Technology News, with the headline “An Undercurrent of Fear.” It was picked up by Law.com, our sibling entity, where the staff wrote the headline you cite. (I have no objection to the Law.com headline, but just FYI, it was not the original headline.) The original article can be found here: http://www.lawtechnews.com/r5/showkiosk.asp?listing_id=1680119