No more hide-and-seek: new duty to retain electronic data

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in Discrimination and Harassment,Employment Law,HR Management,Human Resources

When it comes to evidence presented to win or defend against civil lawsuits, employers no longer can play a game of hide-and-seek. The new game in town is 1-2-3 Show M’e-discovery.

That’s because new amendments to the Federal Rules of Civil Procedure, governing the exchange of electronic information in litigation, create a coherent set of rules for cases pending in federal courts. (The rules took effect on Dec. 1.) Individual states will likely follow suit. Electronic discovery, or e-discovery, refers to how the legal world of litigation searches, collects, processes and produces paperless electronically stored information (ESI).

Is this really something new? No and yes. These federal discovery rules addressed electronic data and records as far back as 1970 and again in 1993. But the new changes address specific issues relating to the unique nature and special needs of e-mail and electronic discovery.

These rules plac...(register to read more)

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