Supreme Court eDiscovery rules takes effect Dec 1

According to MSNBC new rules require corporations to keep track of all the e-mails, instant messages and other electronic documents generated by their employees thanks to new federal rules that go into effect Friday.
I am not a lawyer, but I dont read it the same way. Here’s the text. You’re required to know where relevant data is and disclose that. Further if you are in a suit, you may need to preserve data depending on the situation. I recall a case a while back in the news where the CEO got a new computer during the course of a lawsuit. As was standard practice the old computer was wiped. The ability to discover data on that computer was lost. I think these new rules will make that sort of trick more problematic.
So I dont agree with MSNBC that you need to run out and buy an archiving server for email and IM. You do need to know what you have and that is tough enough.

One Comment

  1. Regarding the comment on wiping the old computer, thus losing all data; Depending on how it was wiped, it could still be possible to recover data. Unfortunately, this is not widely known (especially by lawyers) and I predict this will become a huge issue in times to come.

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