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Staying Up To Speed In A Fast-Changing e-World

By Robert D. Owen
November 29, 2005

It has long been the law that an obligation to preserve potentially relevant evidence attaches when an action or investigation is commenced against a person or company, but until quite recently few companies had formal policies addressing that duty. The last few years have seen a seismic change in this area, driven largely by concerns about electronic records. Recent independent surveys of corporate general counsel confirm that companies have been taking steps to formalize their preservation practices when litigation or enforcement activity becomes reasonably likely.

A 2003 survey conducted by the e-consulting firm Cohasset Associates found that 46% of the companies surveyed had not established any formal system for preserving records, and the litigation-hold policies of 65% did not address electronic documents. (For more information on general-counsel e-discovery process, see, “GC's New Discovery Role: Reduce Cost With More Document Review Efficiency.”)

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