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Advisory Note: e-Discovery
Enterprise Management Associates, Oct 2007, Pages: 2
In December 2006, the Federal Rules of Civil Procedure (FRCP) were amended to include the term 'electronically stored information' (ESI), opening the door to broader and more frequent requests for electronic evidence. This Advisory Note comments on key issues that IT managers need to address.
Preparing for future litigation was recently identified as the leading driver for companies implementing new e-mail governance procedures. Almost every lawsuit today is likely to involve searching through enormous amounts of unstructured corporate data, including not just e-mail, but most significantly, all the attachments that ride with the e-mail. In December 2006, the Federal Rules of Civil Procedure (FRCP) were amended to include the term 'electronically stored information' (ESI), opening the door to broader and more frequent requests for electronic evidence. As a result of this, companies now must be able to locate and supply to opposing counsel electronic references as well as hardcopy documentation; failure to do so can result in substantial fines and put a company at a disadvantage during proceedings. The rules apply to every company, irrespective of size. If a company is not ready to accommodate the demands of e-discovery, the financial and legal penalties are potentially devastating.
Since last December’s new interpretation, a new set of expectations is evolving. What follows is a list of some fundamental issues that have come to light during the last several months. Subscribers who find this information to be of interest are strongly advised to discuss these articles with their company’s legal department.
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