Publication Type

Journal Article

Version

submittedVersion

Publication Date

2014

Abstract

Litigation practice has been significantly altered by the advent of electronically stored information in daily corporate life. It is argued that the laws of disclosure should be updated to recognise that technology-assisted document review via keyword searching is crucial in ensuring that the costs of litigation are well managed. In order to facilitate keyword searching, a new legal concept of accuracy in the selection of keywords should be introduced into the laws of disclosure. At the same time, despite the adversarial nature of litigation, it is imperative that parties approach electronic disclosure with a spirit of collaboration in order to achieve collective savings of time and resources.

Keywords

Litigation, Disclosure, Keyword Searches, Electronic Documents, Technology

Discipline

Litigation | Science and Technology Law

Publication

Journal of International Commercial Law and Technology

Volume

9

Issue

4

First Page

206

Last Page

213

ISSN

1901-8401

Publisher

International Association of IT Lawyers

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