Proposed changes to the Pennsylvania Rules of Civil Procedure regarding eDiscovery are subject to adoption or rejection by the state Supreme Court. There is disagreement among lawyers as to whether the state changes should mirror federal eDiscovery rules. Some argue that state courts don't deal with the complex cases that arise in the federal courts and don't often get weighed down with discovery issues.

But eDiscovery lawyers disagree, saying that Pennsylvania state courts are behind the federal judiciary on the subject.

"I don't know why Pennsylvania thinks it's different than any other state," Ballard Spahr's Philip Yannella said. "We have an active court system. These issues do arise."