Cases like Univ. of Pittsburgh and last month’s Morgan Stanley v. Coleman (see BVWire # 55-2), in which the mega-investment firm was penalized for destroying mega-files of emails, have arisen in the wake of the Internet Age and the virtual warehouses of electronically stored information (ESI). In response, amendments to the Federal Rules of Civil Procedure became effective last year; changes include requiring litigation parties to discuss e-discovery issues early in the case, how to preserve as well as manage ESI. For a recent ABA report on the new rules, click here.
Another resource: Just last month, the Richmond Journal of Law & Technology (JOLT) released its third annual survey of electronic discovery. Included is an article that directly addresses the onset and scope of ESI preservation obligations under the new Federal Rules; for a copy, click here.
For BV professionals and their attorneys: Be sure to tune into BVR’s telephone conference “Emerging Issues in Electronic Evidence, Document Retention and Spoliation for BVFLS Practitioners,” featuring Ron Seigneur, Melinda Harper, Shari Lutz and Ed Aro on July 25, 2007. To register, click here.
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