Here is a handy link to a PDF whitepaper on the new E-discovery rules - http://tinyurl.com/htarf

Below is a section that may dispell the FUD.

Rule 37 — Failure to Make Disclosure or Cooperate in Discovery; Sanctions: New subsection 37(f) is added which states, in full, "Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of routine, good-faith operation of an electronic information system." The Advisory Committee Notes explain that the premise for this amendment is that ordinary computer use necessarily involves routine alteration and deletion of information for reasons unrelated to litigation.



Frank Muto
FSM Marketing Group, Inc.







----- Original Message ----- From: "Peter R." <[EMAIL PROTECTED]>

http://www.localtechwire.com/article.cfm?u=15705

Don’t Panic, But New Discovery Of Electronically Stored Information In Litigation Rules Now Apply
By Linda Markus Daniels, Special To LTW

Editor’s note: Linda Markus Daniels is a co-founder of the RTP-based law firm Daniels Daniels & Verdonik.

RESEARCH TRIANGLE PARK, N.C. - Over the last week or so there have been a number of articles about new rules related to litigation, portending that there could be punishments for undertaking routine computer backups or destroying legacy data from obsolete systems. Don’t panic!

Many of these articles are either misinformed or taking a broad brush to a complex and yet untested amendment to the Federal Rules of Civil Procedure, the rules under which parties to a lawsuit in federal court (only) request and receive documents and other information in the possession the opposing party.

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