New guidance on preserving ESI in bankruptcy

BVWireIssue #117-1
June 6, 2012

Although the 2006 amendments to the Federal Rules of Civil Procedure specifically addressed electronically stored information (ESI), bankruptcy courts and professionals, including insolvency experts, have had little in the way of bankruptcy-specific guidelines for managing ESI and electronic discovery issues. As a result, the ABA commissioned the ESI in Bankruptcy Working Group to study and prepare guidelines on the scope and timing of a party's obligation to preserve ESI in bankruptcy cases. The working group recently published its interim report and is currently inviting review and comments from a wider audience regarding how ESI issues should be handled in large as well as middle-market and smaller Chapter 11 cases and others.

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