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 ' those conducting e-commerce or others ' had formal policies addressing that duty.
Staying Up To Speed In A Fast-Changing e-World
The last few years have seen a seismic change in electronic discovery, driven largely by concerns about electronic records, with which e-commerce ventures deal in growing multitude. And, as logic would dictate, 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. <br/>But a 2003 survey conducted by the e-consulting firm Cohasset Associates found, for instance, that 46% of the companies the firm surveyed had not established any formal system for preserving records, and the litigation-hold policies of 65% did not address electronic documents. Not the wisest approach to sound business practice in these days of proliferation of e-commerce, e-records and, in the realm of corporate and business law practice, e-discovery.
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Robert D. OwenThis premium content is locked for LawJournalNewsletters subscribers only
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