Originally published in The St. Louis Lawyer, Feb. 2007
When the e-discovery amendments to the Federal Rules of Civil Procedure took effect on December 1, there was a widespread feeling of panic among corporate counsel and, indeed, many members of the bar, as well. Some articles in the popular press reported that the amendments require corporations to retain virtually every electronic document ever created. Fortunately, the situation is not nearly as dire as rumored.·
While no one course of action is appropriate for all corporations, there are some basic steps to prepare for that first e-discovery challenge, none of which guarantee success. On the other hand, failure to recognize the challenges of complying with the e-discovery rules is more likely to lead to disaster.
Here are a few thoughts on recommended survival tactics to maneuver through the e-discovery minefield.
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Specific Questions relating to this article should be addressed directly to the author.
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