eDiscovery now involves far more than fulfilling the requirements of the US Federal Rules of Civil Procedure. Worldwide, there is an explosion of data investigations, document reviews and information disclosure as a result of: United States (US) civil cases and US class actions US Foreign Corruption Practice Act investigations: if a non-US company bribed an official in West Africa, the US government can sue said company in the US for this action
E-Discovery and the Federal Rules of Civil Procedure tell us that ALL electronic information that is available to a litigation is discoverable
In the 2006 amendments to the US Federal Rules of Civil Procedure, the requirement to provide electronic information and records was codified, being referred to as electronically stored information (ESI)
eDiscovery The Federal Rules of Civil Procedure dictate that ALL available documents are discoverable in a court case
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Because of the changes to the Federal Rules of Civil Procedure some years back, Electronically Stored Information (ESI) is now discoverable in court cases, regardless of whether it is being treated as an official business record of the organization
There is a tension between the competing polarities related to email management: IT, on one hand, wants to delete emails quickly to keep the enterprise email system operating at full efficiency, optimizing storage space; Records Management, on the other hand, wants to treat email like any other record, with retention rules that administer how long each email is retained. The Federal Rules of Civil Procedure tend to favor the Records Management view
It’s relevant to the Federal Rules of Civil Procedure (FRCP), to good discovery strategy for each litigation case, and for proactive strategy for ECM and RM
However, in many ways it was/is a fantastic point of entry into the management of electronic records. 2. e-Discovery The changes to the Federal Rules of Civil Procedure in December of 2006 threw the legal and IT communities into a tail-spin
versus those who understand and respect the Federal Rules of Civil Procedure? What about the mystique of the CIO?
Although compliance requirements will vary from industry to industry, one regulation that will affect all organizations is the proposed changes to the Federal Rules of Civil Procedure. This proposed amendment deals with preserving data in the digital age and many other governance related issues
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