The Information Black Hole: Managing the Issues Arising from the Increase in Electronic Data Discovery in Litigation

This Note explores the problems that the increase in electronic data discovery has created in litigation. In particular, this Note centers on the issue of cost-allocation involved when discovery includes electronically stored information. Part II of this Note contains a background discussion of the technical and legal aspects of the discovery of electronic information. It examines the different types of electronically stored data, the innate differences between traditional discovery and electronic discovery, and analyzes the Federal Rules of Civil Procedure as they apply to the discovery of electronically stored information. Next, this Note discusses several early cases in which courts struggled with discovery requests for electronic data and how to allocate the cost of such discovery. In Part III, this Note analyzes two recent cases in which courts have attempted to provide a workable solution to the problem of cost allocation by introducing balancing tests