Electronic discovery: How do courts do it? Should we do it that way too?

On December 1, 2006, new electronic-discovery provisions of the Federal Rules of Civil procedure took effect. The author recites relevant rules, discusses the cost-apportioning criteria prescribed by judge Shira Scheindlin in Zubulake v. UBS Warburg L.L.C., and concludes that the rules furnish useful guidelines for electronic discovery in CBA-based arbitration.