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Anticipated New Federal Rules on Electronic Discovery

By Paul Reeve and Jonathan Solish

The following is a summary of key issues addressed by Paul Reeve and Jonathan Solish in a session about electronic discovery that they led at the 2006 International Franchise Association Legal Symposium in Washington, DC. The summary was prepared by the authors of the presentation.

On Dec. 1, 2006, amendments to the Federal Rules of Civil Procedure on electronic discovery should become law. The new rules will codify doctrines expressed in recent case law that increase the burdens of large companies, like franchisors, that must manage substantial databases of electronic information. The new rules impose substantial obligations on both in-house and outside counsel and are certain to create problems for companies that have not taken the time to prepare for compliance before the rules become effective. Despite this, an ABA survey taken last year showed that 80% of corporate counsel were still unaware that new electronic discovery rules had even been proposed.

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