California Litigation Alert: California Signs Into Law New E-Discovery Rules

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Electronic document retention is a high-stakes field. Faulty retention practices have led to a $29 million verdict resting on a party’s destruction of e-mails1 and to $8.5 million sanctions and bar discipline proceedings for the attorneys involved.2 With devastating sanctions becoming more and more the order of the day, courts have left no doubt that they take retention obligations very seriously in this digital age.

At this critical juncture, the California legislature has finally entered the fray. On June 29, 2009, Governor Arnold Schwarzenegger signed into law the Electronic Discovery Act (Act). Governor Schwarzenegger’s approval came three years after the federal enactment of a similar set of electronic discovery (e-discovery) rules that updated the Federal Rules of Civil Procedure.

Please see full alert for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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