Litigation
Feb. 6, 2013
Efforts underway to update rules for discovery of electronically stored information
A driving force behind the current proposals is the sentiment shared by many practitioners that lack of uniformity in the law results in more disputes about preservation and perhaps over-preservation. By Amy Longo and Usama Kahf
Efforts are underway to consider potential amendments to the Federal Rules of Civil Procedure focusing on preservation and discovery of electronically stored information (ESI). Several gaps have emerged in how courts apply and interpret the rules since they were amended in 2006, particularly when addressing preservation and spoliation. Circuit splits and a lack of uniformity in the federal rules diminish the ability of...
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