E-discovery Rules Amendment

September 6, 2007

Less than nine month's after Rule 26 of the Federal Rules of Civil Procedure was amended, over thirty cases in several jurisdictions have ruled on e-discovery. The lesson from those cases is clear. As predicted, many plaintiffs are using e-discovery as a weapon to obtain spoliation instructions for what might otherwise be an unmeritorious case. For the unwary defendant -- not having an adequate litigation hold letter in place or a system for responding to and protecting electronically stored information can cost a fortune...or the loss of an otherwise defendable lawsuit.

March 5, 2007