When most of us tell friends and family we work in e-discovery, we often get befuddled looks. Even many of our legal colleagues think of e-discovery the way they think of ancient Egyptian hieroglyphics or the Rule Against Perpetuities—undecipherable, complex, and best avoided at all costs.
However, the digital era has made e-discovery part of everyday life, where just about any dispute or investigation can trigger a need for discovery of electronic data. Because e-discovery is everywhere, it may not be that difficult to explain—and maybe even fun and entertaining.
e-Discovery is fun? Entertaining? Easy to explain? Really?
Yes, really. Stick with us here for a moment.
To illustrate our point, let’s examine Deflategate, the high-profile dispute involving the National Football League, the NFL Players Association, a star player, and the NFL champion New England Patriots. The NFL (sort of) claims the Patriots cheated on the road to glory by deflating footballs against league rules to suit the team’s celebrity quarterback, Tom Brady, who happens to be the husband of supermodel Gisele Bundchen.
This all-star cast of characters provides some important and entertaining lessons about e-discovery.