This article explores the growing body of case law concerning the storage, retention and disclosure of electronically stored information (ESI) in connection with civil litigation. In particular, it examines why those attorneys who practice outside the United States or those US practitioners who represent non-US parties should pay particular attention to these developments.

Peter Selvin is a partner in Loeb & Loeb LLP's Litigation Department. He is a trial lawyer whose practice is focused on complex commercial, financial and corporate disputes; insurance coverage and bad faith litigation; and international litigation and arbitration. He can be reached at or at 310.282.2059.  Jed Lowenthal, an associate in the Los Angeles office, also contributed to this article.  He can be reached at  or at 310.282.2292.

This article first appeared in the September 2008 issue of International Litigation News, the newsletter of the International Bar Association’s Litigation Committee, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association 2008.