Businesses have experienced an explosion of electronic documents and data because of increasing use of electronic devices, decreasing cost of storage media and the expanding use of email. Added to the paper documents generated by the business, this electronic information can be an impediment to efficient business operations, a potential time bomb in the event of litigation and a business continuity disaster, if lost. According to recent surveys, a large percentage of US corporations do not have an established protocol for protecting their trade secrets and most have not prepared for the use of digital information in litigation. Every business entity should develop and implement a well-designed and consistently enforced document creation, retention and destruction policy. The policy shou...
The Sedona Conference recently released a new edition of its e- discovery glossary, which contains new terms and definitions since it was last updated in December 2007. The Working Group on Electronic Document Retention and Production released the third edition of The Sedona Conference Glossary: E- Discovery & Digital Information Management as "a tool to assist in the understanding and discussion of electronic discovery and electronic information management issues.
E-mail promotes quick, informal business communications but leaves a digital paper trail with attendant legal risks if not managed appropriately. In addition, the staggering volume of electronic document production - an estimated 30 percent of business information never makes it to print - affects computer storage and operational efficiency.
A compliance question and answer addresses electronic document retention. The bank's document retention policies/program needs to include information about how electronic documents are retained. Electronic documents include, but are not limited to, e-mail. Other types of electronic documents include reports that are retained electronically and not in hard copy, perhaps because they are voluminous. Electronic documentation also includes drafts of documents that may not have been printed and retained in hard copy and, under Check 21, images of checks for which the original paper checks are not retained. Suggestions for items to be included or considered in the bank's record (document) retention policy are presented and include: 1. Does the definition of records include all types of recor...
SEDONA, Ariz., Feb. 14 /U.S. Newswire/ -- In light of the proposed revisions to the Federal Rules of Civil Procedure, which most observers predict will become effective on December 1, 2006, and the continued development of case law, The Sedona Conference(r)Working Group Addressing Electronic Document Retention and Production announces that it is undertaking a project to review and update its groundbreaking work, The Sedona Principles (available for free download for personal use at http:// www.thesedonaconference.org ). Richard Braman, executive director of The Sedona Conference, emphasized the process: "The Working Groups of The Sedona Conference were conceived as ideal settings to create living, breathing and iterative guidance in important areas for the bench and bar. Consistent wit...
Carol E. Heckman, a partner at Harter, Secrest & Emery, will serve as a panelist on the topic of: The Impact of Recent E- Discovery Think Tank Reports - The Sedona Principles & ABA Civil Discovery Standards: How do They Compare? on June 30, 2004 at the Yale Club in New York City. The roundtable seminar will examine the ABA Principles and the Sedona Best Practices Guide as they relate to deleted data & metadata, document retention, paper v. electronic production, negligent spoliation and inadvertent waiver of the attorney/client privilege. Heckman joins a panel of other experts on the topic.
Federal Rule of Civil Procedure 53(a)(1)(C) authorizes a broad spectrum of possible jobs, allowing special masters to "address pretrial and posttrial matters that cannot be effectively and timely addressed by an available district judge or magistrate judge of the district."Essentially, you represent the judge and the court as an independent in evaluating technological disputes and electronic discovery issues," explained Peter S. Vogel, Chair of the Electronic Discovery and Document Retention Team and co-Chair of the Internet and Computer Technology Practice Group at Gardere Wynne Sewell in Dallas. Vogel, a partner at the firm, has worked on more than 20 cases with some form of an e-discovery special master.
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