Richard Wasserman, partner in Venable's Bankruptcy and
Creditors' Rights Group and chairman of the ABA Electronic
Discovery in Bankruptcy Working Group, published "Best
Practices on ESI Issues in Bankruptcy Cases" in
Law360 on September 3, 2013.
Electronic discovery is a current hot topic in the litigation
world, but surprisingly little has been written about it from a
bankruptcy perspective in both the case law and commentary. An ABA
Working Group, comprised of attorneys, judges and academics from
across the country, has prepared a Best Practices Report on
electronic discovery and electronically stored information issues
in bankruptcy cases. The report sets forth principles and
guidelines on the scope and timing of a party's obligation to
preserve ESI in bankruptcy cases. The report also addresses both
debtor and creditor obligations to preserve ESI not only in
connection with adversary proceedings and contested matters, but
also in connection with the bankruptcy case itself.
Click here to view the full article
(subscription required).
Law360
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