Saturday, March 19, 2005

~ electronic discovery - some of what you need to know ~

Electronic discovery is hot. And so are its errors.
According to a survey of recent published decisions, negligent e-discovery conduct has been sanctioned in all 12 federal judicial circuits. The potential sting of that statistic is somewhat eased by the realization that those sanctions have generally been limited to assessments of attorneys’ fees and costs, rather than case-killing pleading strikes or testimony preclusion.
The three most common errors are preventable: putting a hold on destruction of documents, establishing a system to implement discovery requests and promptly reporting problems to the court.

Keep up with news, issues and products related to e-discovery at this site. The current issue of Business Law Today has an article on how to properly preserve and dispose of data. Electronic data discovery issues are addressed in a series of articles in this ALM supplement.


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