E-Discovery in the Cloud Era: What’s a Litigant To Do?

With great technology, comes great responsibility. In an era with increasing use and dependence on cloud computing, e-discovery is becoming increasingly complicated and expensive. These difficulties are further magnified when litigants and their attorneys are unfamiliar with how cloud technology works, and become lost trying to navigate through e-discovery rules in this new context.

Unprepared litigants do not understand how cloud technology can vastly extend the scope of discovery, and in turn, their preservation and production duties. This note provides an extensive background of cloud computing and details the problems litigants are encountering during cloud-based document discovery. This note further recommends practical guidelines for attorneys and their clients to follow before and during litigation.