Lorraine’s Song: Have the Bench and Bar Been Listening to the Music?

In 2007, Chief Magistrate Judge Paul Grimm's opinion in Lorraine v. Markel American Insurance Co. heightened attention for the need to properly establish the authentication and admissibility of electronically stored information (ESI). This article discusses a sampling of federal and state cases reported in the ensuing years that indicate both courts and practitioners are placing more emphasis on the authentication and admissibility of ESI, and applying the old rules of evidence to these new and evolving forms of evidence.