Perspective: The Risk Of Ignoring E-Discovery Obligations

Reprinted with permission from CNet.com.

The failure to produce required electronic discovery can have serious consequences. This was borne out by a $1.25 million sanction just issued by a New York federal judge against two law firms and the insurer they represented.

The decision related to electronic information that was deleted and to hard-copy material that was not produced in liability insurance coverage cases connected to the terrorist attacks of September 11.

But according to a recent survey, this may not be an isolated event. It appears that many companies are not in a position to comply with electronic discovery amendments to the Federal Rules of Civil Procedure (FRCP) that went into effect late last year. As a refresher, let me identify a few key points.