In the past few months, many articles have been written on the electronic discovery changes to the Federal Rules of Civil Procedure (FRCP). While most of these have been on the mark, others have told only part of the story or left readers with inaccurate or incomplete information.
For example, depending on what you read, you may believe either or both of the following statements:
- The courts now require that your company maintain a copy of every e-mail message, document, spreadsheet and file an employee creates, sends or receives.
- When electronic discovery occurs, you create a copy of the data and ship it off to the parties (or counsel for the parties) on the other side of the case, and they do the same.
As it turns out, neither of these statements is true.
[...] The new rules are designed to set out early structure, uniformity and predictability when it comes to e-discovery. Yet, from the very start of a case, the parties need to start evaluating with their IT teams and outside counsel what they need to do to produce relevant electronic data. That effort can be enormous, as data can be located live on a network across multiple servers, on backup tapes, on hard drives, laptops and personal digital assistants. Tags: investigation, investigator, private investigator, e-discovery [...]
Pingback by Investigation News - Clock is ticking on e-discovery - PInow.com Investigator Directory — February 20, 2007 @ 10:18 am
[...] The process was so laborious and time-consuming that usually his team just barely met a 30-day internal deadline for producing e-mails. And, Coppolo noted, the number of legal requests was only growing. Moreover, new federal e-discovery rules went into effect in December that spelled out requirements for submitting electronic documents – including e-mail and instant messaging logs – as evidence in civil court cases. Tags: investigation, investigator, private investigator, e-discovery, electronic data discovery [...]
Pingback by Investigation News - E-discovery rules deliver message on need for e-mail archiving - PInow.com Investigator Directory — March 4, 2007 @ 11:08 am