Practical Tips for Handling E-Discovery

The article reviews key issues companies should consider to ensure that they comply with obligations to preserve and produce ESI (electronically stored information) in federal civil litigation. It also proposes ways for companies to cost-efficiently meet e-discovery obligations. The article sets forth FRCP rules on e-discovery including required disclosure, permissible discovery, discovery conferences, litigation holds and possible sanctions. The authors also discuss ESI located abroad and conclude with guidelines for preserving and producing ESI.