Jump to Navigation


Avoiding e-discovery problems

March 5, 2007

Many states are considering whether to adopt or amend their own e-discovery rules modeled on the amendments in 2006 to the Federal Rules of Civil Procedure. For the unprepared, electronic discovery could be a mine field. What would you or your lawyers do if you received a letter like the attached before a lawsuit had been filed or arbitration initiated? (Click here to view the letter). What response, if any, should be given? What directions should be given to your company and by whom? Can you assume that e-discovery rules won't apply to arbitration?

There are no right answers for all cases, but the wrong answer could cost you your case.