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Finding Safe Harbor in a sea of electronic discovery

In Part I of this series on e-discovery, we discussed the amendments to the Federal Rules of Civil Procedure, which require parties to address and resolve issues regarding the discovery of electronically stored information ("ESI"). Without a plan of attack or a system of satisfying your obligation to preserve......

Full article >>> ference jury instructions to the outright dismissal of claims and defenses.

Against the backdrop of sanctions, the question often arises: Is there any way to avoid potential sanctions when documents are merely destroyed according to the company's normal record retention/destruction schedule? If you find yourself asking this question, congratulations! The answer is a qualified "yes," and t......

Full article >>> s that protection from sanctions should predominate over other considerations in the limited area of losses from routine operations of information systems. As the Advisory Committee properly noted: when dealing with complex information systems, "reasonable steps do not always preserve everything. Things slip through. That is the point of safe harbor."

If your company does not have a d......

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'"/> By Juan Ramirez 06/18/07

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