Federal Rule Amendment re: Electronically Stored Information

Federal Rule Amendment re: Electronically Stored Information

Effective December 1, 2006, the federal rules were amended to specifically include discovery of electronically stored information ("ESI"). These new rules impose strict obligations on litigants and their counsel to ensure that potentially discoverable ESI (i.e. e-mails, Word documents, Excel spreadsheets, databases, PowerPoint presentations, etc.) are properly identified and preserved, and produced during pre-trial discovery, including in response to non-party subpoenas. Some states have already enacted e-discovery rules and the remaining states are expected to follow. Failure to comply with e-discovery preservation and production obligations can lead to sanctions and adverse inferences at trial. A thorough understanding of the amended rules is now a necessity. Companies need to be familiar with their new obligations and should have internal procedures in place.

MCW&G has for years regularly counseled clients in identifying, compiling, preserving, and producing ESI and, consequently, is well positioned to assist clients with these recent rule changes. MCW&G attorneys have developed a program to assist clients in understanding and addressing these changes. For more information on e-discovery, please contact Bruce Kaliner at (212) 804-4281 or bkaliner@moundcotton.com.