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Handling E-mail Effectively under the New e-Discovery Rules

Increasing reliance on e-mail is a fact of life in today's business and legal environments. The falling costs of storing vast amounts of data, coupled with the fear of being accused of destroying material that companies may be obligated to retain, have led to the retention of increasing amounts of data for longer periods of time. Among the problems this creates for litigators is the increased burden of reviewing vast quantities of e-mails, and identifying and asserting claims of attorney-client privilege and work-product protection over electronic documents.

25 minute read March 27, 2007 at 09:19 AM
By
Tom O'Connor and Roe Frazer
Handling E-mail Effectively under the New e-Discovery Rules

Before the technological revolution, conversations were rarely recorded, with their reconstruction left to the warring memories of the witnesses or re-interpretations of handwritten, often cryptic notes. Even back-and-forth correspondence was susceptible to ex post facto parole evidence.

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