The Yale Law Journal

Thomas W. Burt

Forum

E-Discovery of Dynamic Data and Real-Time Communications: New Technology, Practical Facts, and Familiar Legal Principles

Thomas W. Burt & Gregory S. McCurdy

The forthcoming Federal e-discovery Rules are a welcome advance, but they do not address all of e-discovery‚Äôs challenging issues. For example, how should the law treat instant messaging (IM) or other forms of real-time communications? When must organizations or individuals preserve dynamic data su…