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Managing Electronic Evidence

By Dianne R. Sagner
September 28, 2006

(Editor's Note: With the FRCP amendments on e-discovery becoming effective on Dec. 1, this issue features articles, including this one, that address areas of critical concern for corporate attorneys.)

Discovery demands on in-house legal staff have changed drastically in recent years. Historically, complying with subpoenas and document production requests were quotidian chores for in-house legal staff. After receiving a complaint, counsel's office issued a standard 'document hold' to affected employees and directed that those involved in the case preserve their files and not destroy anything. Questions might arise, but they were manageable. What must be disclosed? What documents are privileged? How long will it take to retrieve documents from storage? How many staff hours will complying require? How much will it cost? Who bears the cost? Which discovery requests should be challenged?

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