Winning from the Beginning: International Electronic Discovery in Commercial Litigation and the Home Field Advantage of American Corporations

Eric Everson

Abstract


As technology is increasingly integrated into every aspect of the commercial environment, the amount of data generated from each transaction multiplies.  Electronic discovery (eDiscovery) represents the collision of data and the law; in this paper, the powerful influence of the American judicial system is explored as it relates to the pursuit of digitally native file types for use in matters of litigation that transcend international borders.  Home of the Silicon Valley, the world’s biggest software companies, and the creative epicenter of social media technologies, America has also emerged as an early leader in establishing eDiscovery practices that are shaping the way the world manages electronically stored information (ESI).  For business managers, eDiscovery represents the highest spike in litigation costs in decades and as such corporate litigants recognize the substantial financial risks of international electronic discovery.  With each new filing, the very nature of commercial litigation has evolved into a complex battle of digital file types compounded by mountains of ESI.  With constitutional safeguards, statute-based protections, and a leading position in developing the software and standards that are defining international electronic discovery, as a legal forum America offers a host of home field advantages for commercial litigation. 

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JICLT is a member of the Directory of Open-Access Journals (www.doaj.org). ISSN: 1901-8401.