The document outlines new rules for preserving communications and documents for potential litigation. It states that any potential litigant must preserve all relevant documents, including electronically stored information such as emails, voicemails, computer files, and external storage devices. The rules also address how electronic documents should be preserved, stored, and produced during legal proceedings. Parties are required to identify and retain all relevant electronic data, and may request protective orders if production costs are deemed excessive.

1. NEW RULES FOR PRESERVING COMMUNICATIONS AND DOCUMENTS -FEDERAL RULES -STATE RULES

2. IDENTIFICATION Any litigant (or potential litigant) is required to preserve documents and information which are relevant to potential or current litigation

3. DOCUMENTS INCLUDES: Handwriting -Typewriting -Printing -Photostating -Photocopying -Transmitting by Electronic Mail -Facsimile -And Every Form of Communication Electronically Stored Information

4. DUTY TO PRESERVE All Relevant Documents All Electronically Stored Documents E-Mail Back Up Tapes All Computer Systems

5. ELECTRONICS means Relative to Technology Having: Electrical Digital Magnetic Wireless Optical Electronic Or Similar Capabilities

6. ELECTRONICALLY Stored Documents Includes But Is Not Limited To: PST Files NSF Files E-Mail Activity Files (including both incoming and outgoing items) Voice Mail Audio or Video Recordings of Any Kind Computer Programs

7. PRESERVING AND STORING DOCUMENTS “ Native” Format – The form of data used in the ordinary course of business “ Quick Peeks” – Preliminary List of Search Terms “ Clawbacks” – Privileged Material

8. PRODUCING DOCUMENTS The requesting party may request the form in which each type of electronically stored information is to be produced Responding party may request protective order

9. PROTECTIVE ORDERS Limit Production If: 1. Possible to obtain information from some other source that is more convenient, less burdensome, or less expensive; 2. Production sought is unreasonably cumulative or duplicative; 3. Production costs outweigh benefit

10. CONVERSATIONS YOU NEED TO HAVE WITH YOUR ATTORNEY Identify all electronically stored information How many and location of computers Recently changed computers Use of home computers for personal use E-Mail – system – where archived Identify software Identify kinds of external storage used: thumb drives, cd’s, dvd’s, iPods

11. E-MAIL DO’S AND DON’Ts (Short List) Assume e-mails will be read by someone who is not looking out for your interests; Assume not private Do not say things in e-mail you will regret E-mails sent through the company network belong to the company Do not use profane language Do not use to malign or criticize others Do not use to “think aloud” Re-read all e-mails before hitting “send” button Double check recipient list before you hit “send” button