Rules About to Change in e-Discovery Game: "New federal rules will take effect next month requiring corporations to produce documents in legal cases or face stiff penalties, raising yet another regulatory compliance issue for IT departments.
On December 1, several amendments to the Federal Rules of Civil Procedure regarding a company's duty to preserve and produce electronically stored information (ESI) in the face of litigation — or pending litigation — are scheduled to take effect. The rules (specifically Civil Rules 16, 26, 33, 34 and 37) have already been adopted in some states, like New Jersey, and other states, including Texas and California, have already implemented some of the new rules.
As with most new compliance rules, there is some confusion and hand-wringing on the part of enterprises as to what the amendments really mean. In this case, the big question companies are asking of their attorneys, IT people, vendors and compliance officers is: Do the new rules mean we have to drastically alter the way we preserve, retrieve and produce electronic data? The answer to that question: It depends. It depends on what practices, procedures and technology you already have in place (if any), and how susceptible your enterprise is to a lawsuit.
If your company has clearly stated, consistent, across-the-board policies and procedures in place on ESI"
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