All About New E-Discovery Rules And Federal Civil Procedure Rules With Information About Federal Litigation, Personal Digital Assistants, Electronic Discovery, Employment Law Firm, Labor Law Firm And More.

1. GCC NEWS FEATURE www.lawcrossing.com 1. 800.973.1177
New E-Discovery Rules Take Effect
[By Jen Woods]
On December 1, amendments to the Federal Rules of Civil Procedure (FRCP) relating to e-discovery went into effect.
After a five-year review, the Supreme information relevant to cases. Such tools can The new rules also state that a court may not
Court approved the changes, which require store electronic evidence, including faxes, penalize a party if electronic data is lost as
companies and other parties involved in emails, voicemails, and text messages. In a result of routine operation of an electronic
federal litigation to provide electronically addition, companies’ internal systems contain information system. Also, the amendments
stored information as part of the discovery significant amounts of corporate information provide guidelines on how companies can
process, during which both sides of a case that can be used as evidence in trials. seek exemptions from providing data that is
share evidence before trial. not reasonably accessible.
According to the new rules, parties involved
The new rules mean U.S. companies will need in federal litigation must address electronic Employers can take steps to avoid losing
to know where corporate and personal emails, discovery-including how data was saved, important electronically stored information.
instant messages, voicemails, and other forms of production, and privilege issues- Ford and Harrison, LLP, a labor and
electronic data are stored in case they are sued. during the initial meetings before trials. employment law firm, recommends
Anyone, even someone not named as a party developing electronic preservation policies
The changes were implemented because to the litigation, may be required to provide that provide consistent processes for
electronic documents, which are vital electronically stored information. deleting old emails and instant messages.
components of business operations, can be
used as evidence during trials. For instance, Locating electronic files and determining The firm also recommends that every
web-based emails can help prove intent, as well whether they contain information pertinent to a employer designate one person from the
as provide facts. Both corporate and personal lawsuit can be difficult. Counsel might have to technical department who will be notified
email accounts, like those provided by Hotmail work with employers’ technical departments to when discovery requests for electronic
and Gmail, can be recovered from users’ find certain types of electronic data. documents are made. This person will also
computers. Also, email attachments that are
be responsible for ensuring compliance with
downloaded to temporary files can remain on a Also, according to the new regulations, the
litigation hold instructions.
computer’s hard drive for a long time. party requesting electronic information
can specify the format it wants the data in.
Like email services, instant messaging To ensure compliance with the new regulations,
If the requesting party does not ask for a
programs are available in both corporate employers should establish electronic-
specific format, the responding party must
and public formats. Companies can save communications policies and document-
state the format it intends to use ahead of
online conversations, which remain on retention policies before lawsuits are filed.
time. Therefore, it is important that counsel
computers for long periods of time. Deleted
understand the different formatting options
conversations can also be retrieved. ON THE NET
for electronic data.
Voicemail can also play a significant role
Counsel will most likely have to work with Supreme Court of the United States
in a trial, and voicemail is currently being
companies’ technical departments to ensure www.supremecourtus.gov
integrated into other messaging services.
that electronic data is properly saved. In
For example, voicemail messages can
the past, retention policies have not been Federal Rulemaking
be attached to emails as sound files and
enforced as strictly for nontraditional www.uscourts.gov/rules/newrules4.html
transcribed in emails to mobile phones.
sources of electronic data like instant
Portable devices like BlackBerries and personal messages, emails, and voicemails as they Ford & Harrison, LLP
digital assistants (PDAs) may also contain have been for better-known IT sources. www.fordharrison.com
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