Much is said about the burdens and challenges of e-discovery, and rightfully so, but the organizations dedicated solely to improving the process are nearly just as prevalent.
One organization that has the most power to effect change in this area, at least at the federal level, is the Civil Rules Advisory Committee of the U.S. Judicial Conference. The committee, which is meeting more frequently these days, met last week to discuss potential changes to the Federal Rules of Civil Procedure -- specifically the rules regarding preservation and sanctions in e-discovery.
Offering a clearer direction on preservation issues in terms of what needs to be preserved and when would be music to defense attorneys' ears. It is often their clients that have the bulk of the data to be preserved and a number of defense attorneys cited enhanced preservation rules as one of the best ways to improve the difficulties of e-discovery for their clients.
"That would probably benefit a lot of large organizations with challenging IT issues," Morgan Lewis & Bockius' Stephanie A. "Tess" Blair said.
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Source: law.com
By: Gina Passerella
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