The dubious origins and dangers of clawback and quick-peek agreements: an argument against their codification in the Federal Rules of Civil Procedure.

From: William and Mary Law Review | Date: November 1, 2005| Author: | Copyright information

INTRODUCTION

Evidence today is seemingly all electronic. No modern attorney can ignore the unique challenges posed by the digitization of the evidence-gathering process. (1) Consider some statistics, remarkable in their implications for corporate litigators: most companies store up to seventy percent of their records in electronic form; (2) large corporate computer networks store backup data measured in terabytes, or one million megabytes, with each terabyte equating to five hundred billion pages of typewritten text; (3) as much as fifty percent of all information generated ...

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