My research for my dissertation finished last week.
I will continue to post articles which I’ve collected and will also continue with my interests in international arbitration and ediscovery/edisclosure. An article on ediscovery vs computer forensics.
I will be exploring, ‘IT containment’ or ‘Data Retention’ and International rules/laws on documentary evidence.
After reflection, (from my research & post the Juris Conference in New York), couple of points which would be interesting to explore further;
- non symmetrical documentary production/IT capabilities between the parties
- no documentary evidence, an extreme non ediscovery/disclosure – dispute resolution based on ‘trust’, ‘value’ and other intangible types ‘relationship factors’.
- local laws that forbid documentary evidence in whatever form or format (i.e. digital evidence) to be collected or transmitted outside the jurisdiction
- where electronic documents (e.g. e-mail) are not treated as legal business document e.g. in Argentina, South America. Where else and what other constraints and limitations?
- intersecting privacy and confidentiality issues/laws/rules.