E-Discovery: A Lifecycle of Its Own

This recent article published for CIO Insight magazine asks these fundamental questions:

  • Do you and outside counsel have a basic understanding of how and where the company’s data is stored?
  • How easily can we find and produce critical business communications and records that have been archived?

The unfortunate answer to these questions for most organizations is: no.   The new Federal Rules of Civil Procedure took effect on December 1, 2006.  This means any case filed in federal court after this date must follow the new procedures.  Initial disclosures about electronically stored information or ESI is not required until after both parties have filed their initial pleadings.  If an answer with defenses or counterclaims is served thirty days after the filing and service of the complaint, we should expect the rubber to hit the road on the Brave New World of E-Discovery some time in early February 2007.



One Response

  1. Lots of support research on our web site. Your readers might be interested in checking out — Electronic Records Management: For Most, It’s Still “Waiting for Godot” — a summary can be found at http://aiim.typepad.com/aiim_blog/2006/12/electronic_reco.html as well as a link to the original survey findings.

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