Electronically Stored Information

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While 2015 will likely be remembered as the year the Federal Rules of Civil Procedure were substantively overhauled to resolve many persistent issues related to e-discovery, 2016 quietly marks ten years since the Federal Rules were amended to expressly recognize, for the first time, that electronically stored information (ESI) was equally as discoverable as its…

Amended Federal Rule of Civil Procedure 37(e), which takes effect on December 1, 2015, authorizes courts to impose sanctions if electronically stored information (ESI) is lost because a party failed to take “reasonable steps to preserve it.” Although “reasonable steps” is a phrase that will surely be litigated and ultimately defined by the courts, the…

It’s easy to get lost in the abyss of technical jargon when discussing Electronically Stored Information (ESI). However, good information governance, which is one of the cornerstones of data privacy and security, doesn’t have to be complicated. Adherence to a few simple “good housekeeping” principles will go a long way toward minimizing the creation of…