Electronic Discovery and Bankruptcy: A Review of Recent Cases

Abstract

This article is the third in a series about electronic discovery in bankruptcy. The first article covered the basics of electronic discovery, including history, rules and resources. The second discussed the discoverability of information found on social media sites such as Facebook, YouTube and LinkedIn, and how these sites can be rich sources of evidence for bankruptcy cases. This article will discuss the application of electronic discovery to bankruptcy practice and examine some recent bankruptcy cases where electronic discovery issues were particularly significant A final article will review current technologies that can assist with electronic discovery before and during litigation, introduce examples where the failure to handle the electronic discovery process properly resulted in sanctions and discuss the lessons that can be learned from these examples.