The blogosphere is full of information about discovery practices – particularly e-discovery. However, none is more creative and inspired than a piece authored by Mark Herrmann, Vice President and Chief Counsel-Litigation at Aon, and posted at Above the Law, Inside Straight: Why Are Elections Like E-Discovery?

With a more straightforward bent is the article by James Grosee and posted at Lawyerist.com surveying recent decisions determining the discoverability of Facebook posts, warning in the title: Private Facebook Pages May Be Discoverable. 

One of the best sources of academic information these days is SSRN, Social Studies Research Network.  A number of professors, including law professors, post their academic articles at this cooperative resource site.  One such article, dealing with discovery issues is When Staying Discovery Stays Justice: Analyzing Motions to Stay Discovery When a Motion to Dismiss is Pending, by Professor Kevin Lynch, which appears in the Wake Forest Law Review.  It is also referenced at Civil Procedure and Federal Courts Blog, one of the many helpful web pages in the Law Professors Blog Network.

The Seventh Circuit Court of Appeals has garnered a great deal of attention and publicity because of its Electronic Discovery Pilot Project.  Their site provides a treasure trove of references, reports, statements of principal, and links.  No wonder that it has garnered so much attention.

Along the same lines, the hottest issue in the area of electronic discovery is whether software programs that assist with the selection of relevant material, commonly referred to as “Technology Assisted Review” or “Prescriptive Coding” may be utilized in discovery production.  The efficacy of such software was preliminarily substantiated in a white paper posted at Electronic Discovery Institute.  Furthermore, the recent Federal District Court opinion in Da Silva Moore v. Publicis Groupe SA,No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Apr. 25, 2012)that authorizes the use of predictive coding software is discussed at Electronic Discovery Law, a blog owned by K&L Gates.