E-mail Provides Impeachment Evidence
Here's a great anecdote about the importance of discovering email evidence. The defendant had a "no shop" agreement in place that prohibited him from negotiating with anyone but the plaintiff until March 5, 2005. In April, the defendant sold to someone else, and the plaintiff sued to block the transfer. The defendant testified that he could not recall negotiating before March 7, 2005, and produced emails that seemed to confirm his testimony. Emails from the buyer, however, revealed discussions as early as 2004. Not surprisingly, the plaintiff's injunction was granted.
This is a perfect example of two things. First, emails are becoming more and more critical in business, and therefore in business litigation. Granted, this isn't a new phenomenon, but it's only getting more prevalent. Second, just because a party says it and produces supporting documents, that does not make it true. You have to be willing and able to dig to find what you are looking for, and must have the support of the liberal rules on discoverability to get it.
(Found via the Electronic Discovery and Evidence blog.)