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The amendments to the U.S. court systems Federal Rules of Civil Procedure call for businesses to retain, and be able to retrieve, electronics documents, including instant messages, e-mail, and text documents.

Virtually all businesses are affected by the new rules. Responding to electronic discovery requirements can be difficult for businesses that aren't prepared. Many organizations misunderstood the amendments and thought they applied only to financial and health service industries.  Could your company present all the instant messages sent in the last 60 days? Is your e-mail archived or deleted? To be in compliance with the new amendments, all electronic messages and text must be retrievable in the event of litigation.


                       Amendment                                               IT needs

Rule 16-b: Businesses have 99 days to present electronically stored information after the beginning of legal procedings.

Businesses should have retention policies in place. Retention and archiving software should be installed.                        

Rule 26-a: Electronically stored information must be accessable without waiting for a formal request.

Retention should be structured so that electronic information can be accessed immediately.

Rule 26-b: A business is not required to provideelectronically stored information if the cost is an undue burden.

Businesses must be able to prove that retention and archiving are an undue burden or expense.

Rule 26-f: Litigants are required to discuss how their electronic information is stored and retrieved.

Businesses are required to share with legal counsel how their electronic information is retained and retrieved. 

Rule 34-b: Businesses must designate how their electronically stored information is retained and inwhat form the records will be produced.

Businesses IT must know in what format the electronic information is stored and how they will be retrieved.

Rule37: Businesses can determine their own policies for permanent deletion of information. 

Policies governing permanent deletion of information can be established by the business.

Read more...
 

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