Most, if not all, evidence used in today's legal proceedings will be computer generated. Discovery of electronically stored information (known as ESI) is called electronic discovery, or eDiscovery, and encompasses more than document production requests.

eDiscovery has emerged as one of the most critical, and least understood phases of litigation. In litigation where eDiscovery and ESI play an important role, issues as to search, spoliation, and withholding of evidence are taking on increasing significance and complexity. Moreover, issues relating to ESI authentication and digital forensics analysis are also taking on significant roles in the litigation process.

Where the litigation stakes are high, and the evidence is digital, taking adequate eDiscovery preparation and measures, and developing an early ESI strategy (as plaintiff or defendant) can help result in early dispute resolution.