Email messages, attachments, and electronically stored information (ESI) are discoverable and may be used as evidence for or against your organization in litigation. The US federal court system clarified electronic discovery rules and requirements in 2006 with the amended Federal Rules of Civil Procedure (FRCP). Some 30 US state courts and Canada's provincial courts have followed FRCP's lead and enacted rules to define the role eDiscovery plays in state and provincial court systems. In this MessageLabs white paper, you'll learn how to navigate eDiscovery challenges imposed by North American courts. You'd also learn five eDiscovery compliance tips that every organization should adhere to.
> eDiscovery Compliance andTHE New Requirements of it:
The IT Manager's Guide To 100% compliance
>Authored by Nancy FlynnExecutive Director, The ePolicy InstituteAuthor, The e-Policy Handbook, E-Mail Rules, Instant Messaging Rules, Blog Rules, Writing Effective E-Mail, and E-Mail Management> IntroductionSymantec Hosted Services - MessageLabs, www.messagelabs.com, and The ePolicy InstituteT, www.epolicyinstitute.com, have created this business guide to provide Best-Practices Guidelines for Corporate Compliance with Electronic Discovery Rules. Through the implementation of a strategic eDiscovery compliance program, incorporating clearly written rules, formal employee education, and a proven-effective Hosted Service Archiving Solution, US and Canadian employers can quickly and cost-effectively preserve, protect, and produce legally compliant email and other Electronically Stored Information (ESI) when compelled to do so by a court or regulatory body. ediscovery compliance and the new requirements of it: the it managers guide to 100% compliance is produced as a general best-practices guidebook with the understanding that neither the author, ePolicy Institute Executive Director Nancy Flynn, nor the publisher, MessageLabs, is engaged in rendering advice on legal, regulatory, or other issues. Before acting on any practice, policy, or procedure addressed in this white paper, you should consult with legal counsel or other professionals competent to review the relevant issue.
> I. Email and Electronically Stored Information (ESI) Play an Ever-Expanding Evidentiary Role: US and Canadian Courts Raise the Bar for eDiscovery ComplianceConsidering that email and other forms of ESI create the electronic equivalent of DNA evidence, there is no doubt that the evidentiary role of electronic business records will continue to expand. The US federal court system made this clear in 2006, when the much-anticipated amendments to the Federal Rules of Civil Procedure (FRCP) were announced. The amended rules affirm the fact that all ESI-including email messages and attachments-is discoverable and may be subpoenaed and used as evidence-for or against your organization-in federal litigation. The FRCP may apply to Canadian organizations that operate in the US, as well as the Canadian 1branch offices of American firms. On the state level, the Golden State became the latest jurisdiction to formalize its own eDiscovery rules when Governor Arnold Schwarzenegger signed California's Electronic Discovery Act (EDA) into law on June 29, 2009. The California law closely (but not exactly) mirrors the 2006 eDiscovery amendments to the FRCP. Passage of the EDA means that electronic discovery will play an increas-2ingly important role in cases that are litigated in California state courts. California joins about 30 other states that have enacted formal rules to govern the discovery of 3email and other forms of ESI. It's a safe bet that the remaining 20 states ultimately will follow their lead and enact rules to define the role eDiscovery plays in every state court system.The discovery of email and other ESI is not limited to litigation in the United States. Electronic discovery is "quickly becoming a factor in all Canadian civil litigation, large and small," according to 4the The Sedona Conference. Canada, however, has yet to establish national best practice guidelines 5comparable to the FRCP. Currently, the production of electronic documents in Canadian litigation 6is governed by each province's rules of civil procedure or rules of court.
eDiscovery > Until all remaining states and provinces amend their eDiscovery rules and adopt the FRCP amendments in whole or part, monitor eDiscovery-related developments and rulings in every Rule: American state and Canadian province in which your organization has a presence or tries its workplace lawsuits.
In the US, 27% of organizations feel the FRCP amendments have made eDiscovery more challeng-7ing, reveals the Fourth Annual Litigation Trends Survey from Fulbright & Jaworski L.L.P. To help you navigate the challenges, here's a four-point summary of the FRCP amendments: 1. Within the federal court system and some state courts, email and other forms of ESI are discoverable. That means your retained and archived messages, attachments, and other ESI (business records or not) may be subpoenaed by opposing counsel and used as evidence in workplace lawsuits.2. Manage electroni... [download for more]
