http://ow.ly/7mvDv
An article by Kristen E. Polovoy in the New Jersey Law Journal, and posted on law.com on the LTN webpage.
This article discusses the requirements associated with preserving electronically stored information during litigation.
The article states, "...wait too long to preserve documents -- including electronically stored information -- and the stakes are high: e.g.,dismissal of claims, judgment in favor of a prejudiced party, evidence suppression, spoliation adverse inference, deeming facts admitted, striking privilege claims or trial witnesses, fines and/or attorneys' fees and costs.
With such costly sanctions, companies and their counsel in this jurisdiction must recognize that the federal standard regarding when document-preservation obligations are triggered often translates to "sooner than you think." And they must know where some of the unlikely ESI caches may be lurking."
The article goes on to discuss some of the applicable Federal Rules of Civil Procedure, and accompanying advisory notes about such rules. In addition, the article provides discussion of several cases that help shed light on how the rules are enforced.
The article further states, "Gone are the days of document production from the dusty boxes of a client's back file room. Today, counsel must ask clients if they have and how/whether they retain documents such as: active Excel, Word, and PowerPoint documents; websites; deleted and archived files; network servers; backup tapes; emails; instant messaging programs; documents on employees' laptops, desktops, smartphones, BlackBerrys, PDAs, storage media (flash drives, external hard drives), voicemail and home computers, CD-ROMs, videos, photos, audiotapes, information held by outsourced service providers, storage facilities and metadata."
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