What Every Company Needs to Know About the New Amendments to the Federal Rules of Civil Procedure

Jeffrey E. Francis, Gretchen S. Silver, Julie A. Weisman
November 30, 2006

This Client Advisory addresses the new amendments to the Federal Rules of Civil Procedure which are effective on December 1, 2006.

Reading this Advisory will provide you with an overview of changes that will impact all individuals and companies who (1) use computers and (2) are currently in litigation in federal court or may be in the future. For example, the amendments:

greatly expand a litigant's obligations to identify, preserve, collect and conduct discovery by specifically addressing issues relating to electronically stored information (ESI);
apply to record preservation "in anticipation of litigation," a term undefined by the new rules; and
create a "safe harbor" exception for the routine destruction of ESI. However, that safe harbor evaporates when a company is "in anticipation of litigation".

Future Compliance with the new rules should start now by establishing sound records retention and litigation hold procedures and by establishing committees within an organization empowered to ensure actual compliance with these procedures.

We are available to provide any assistance that you may require. Please feel free to call us with any questions.

Client Advisory (PDF)