Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure

Electronic discovery can be time-consuming and costly to businesses involved in litigation. The recent proposed amendments to the Federal Rules of Civil Procedures attempt to address and contain such ESI-related issues. The article analyzes these proposed amendments and examines the potential effects on companies and how they manage their business. The article addresses how the amendments may affect a company’s litigation costs, could require investments in human and technological resources, and runs the risk of increasing business distractions that require a company to deal with protracted, bad faith litigation tactics.