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Iron Mountain publishes white paper on changing US electronic discovery rules and e-records management implications

Get free weekly news by e-mailIron Mountain has announced the availability of a new white paper, ‘Rule 26 and Other Amendments to the Federal Rules of Civil Procedure: New challenges for litigation readiness’, which analyzes the impact of the impending amendments to Rule 26 and other changes to the Federal Rules of Civil Procedure (FRCP) on businesses records management programs.

The white paper is available on the Company's Website at: http://www.ironmountain.com/rule26wp/

The paper’s executive summary reads as follows:

Litigation involving your company is an inevitable fact of business life. When it happens, will your records management program help or hinder your defense? The newly amended Rule 26 and other changes to the Federal Rules of Civil Procedure (FRCP), which govern the production of evidence in most federal court cases, make the efficient management of corporate electronic records (eRecords) more vitally important than ever. Failure to comply with the new electronic discovery (eDiscovery) rules can mean fines, sanctions, executive liability, a drop in stock price, and other risks.

This paper explains the specific impacts of key FRCP amendments on your records management program:
• Rule 26(a), which explicitly defines electronically stored information (ESI) as discoverable

• Rule 26(f), which mandates early meet-and-confer sessions specifically to resolve eDiscovery issues

• Rule 26(b)(5), which addresses the inadvertent production of privileged information during eDiscovery

• Rule 26(b)(2), which provides guidance regarding claims that requested eRecords are unduly burdensome to produce

• Rule 37(f), which covers the loss of potential evidence in the course of routine records disposal

In conclusion, the paper describes how you can leverage appropriate technology and best practices to reduce cost and risk, while providing optimal support for your legal team.

Date: 5th October 2006• Region: US •Type: Article •Topic: Operational risk
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