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Six Steps For Preserving, Producing E-Records In Litigation

Reich Steven F. | November 16, 2004

Over the past few years, businesses increasingly have moved away from paper record-keeping to electronic information management systems. Despite that, the legal system has been slow to account for this electronic revolution. A committee advising federal courts whether to update their rules recently issued a report after five years of study, and judges around the country have only now begun to redefine the obligations of businesses in litigation to retain and produce electronic records.

National standards on retaining and producing electronic records finally are starting to develop. A federal judge in New York recently warned litigants that they must understand and meet these new standards or suffer dire consequences, including possible fines, unfavorable jury instructions...

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