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Total Articles: 3

Reminder: Amendments to the Federal Rules of Civil Procedure Governing E-Discovery Take Effect December 1, 2006 - Are You Ready?

In a follow up to our previously issued Legal Alert, the December 1, 2006 effective date of the amendments to the Federal Rules of Civil Procedure relating to e-discovery is upon us. These amendments should provide guidance to employers and their counsel regarding the retention and production of electronic information in litigation. The amendments address five areas: (a) the need to address electronic discovery in the initial meeting of the parties, including preservation of information, the form of production and privilege issues; (b) discovery of electronically stored information that is and is not reasonably accessible; (c) the assertion of privilege after production; (d) the application of Federal Rules of Civil Procedure 33 and 34 to electronically stored information; and (e) a limit on available sanctions under Federal Rule of Civil Procedure 37 for the loss of electronically stored information resulting from routine operation of computer systems.

Amendments to the Federal Rules of Civil Procedure Affect Employers' Obligations Regarding Electronic Discovery.

Amendments to the Federal Rules of Civil Procedure relating to e-discovery take effect December 1, 2006. These amendments should provide guidance to employers and their counsel regarding the retention and production of electronic information in litigation. The amendments address five areas: (a) the need for early attention to electronic discovery issues, including preservation of information, the form of production and privilege issues; (b) discovery of electronically stored information that is not reasonably accessible; (c) the assertion of privilege after production; (d) the application of Federal Rules of Civil Procedure 33 and 34 to electronically stored information; and (e) a limit on available sanctions under Federal Rule of Civil Procedure 37 for the loss of electronically stored information resulting from routine operation of computer systems.

New Rules Tighten Requirements for Electronic Document Discovery (pdf).

Admendments to the FRCP.
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