The Important Role of Record Retention Policies in the Upcoming Changes to the Federal Rules of Civil Procedure

Kevin F. Brady, Partner, Connolly Bove

Written prior to the December 1, 2006 amendments to the Federal Rules of Civil Procedure Kevin warns records managers to take heed. He points out a number of important areas to the amendments including early focus on issues regarding the existence, form of production and the preservation of ESI; restricting the scope of initial discovery of ESI by categorizing information as either “reasonably accessible” or “not reasonably accessible”; and limiting the penalties for the loss of ESI as a result of routine good faith operation of computer systems.

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