May It Please The Court

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Quote of the Day - I don't believe in the 'gloom and doom' we're hearing that planes will fall out of the sky. But there's going to be a significant impact. - Lou Marcoccio
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The Sky Is Falling; It's Y2K All Over Again

If you've been in business long enough to remember the hullabaloo over computers' supposed inability to deal with any date after 2000, then you may pause slightly when you read about the impending doom and gloom over the federal government's new E-discovery rules.

But don't pause too long. 

This time, it's real, and unlike the supposed Y2K fiasco featuring Steve and Bill (Jobs and Gates, respectively), the other side of this issue features federal judges.  With lifetime appointments, if I forgot to mention that fact before.  Remember, they have lightning bolts at the ready.

Here's the relevant rule regarding what has to be disclosed.  Perhaps more important, here's the rule regarding the consequences for not disclosing electronic documents.

In other words, hold on to your pants. Er, I mean data.  Save your data, emails, instant messages and as much electronic information as you can.  Don't destroy it, and don't erase it.

You'll need a records retention policy, and you'll need to follow it

If you have any questions, ask a geek lawyer

Posted by J. Craig Williams on Tuesday, December 05, 2006 at 01:04 Comments (0)


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