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e-Discovery And Inevitable Litigation

By Robb Harvey, Terrence Reed and Rick Sanders

Electronic discovery in today's quickly changing litigation environment presents many new demands and dangers for counsel and risk management executives. Dire warnings are being issued about the consequences of e-discovery, and with good reason. In cases such as Zubulake v. UBS Warburg LLC, 2004 U.S. Dist. Lexis 13574 (S.D.N.Y) (Zubulake V), companies have been punished for failing, in the court's eyes, to preserve electronic evidence properly. The penalties range from the severe ' attorneys' fees ' to the extreme ' the entry of default judgment.

There are, however, steps you can take now ' before a lawsuit is filed ' that may improve your company's ability to preserve electronic evidence without unduly burdening day-to-day operations.

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