E-Discovery: Implications of FRCP Changes on I.T. Risk Management

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According to a recent survey of corporate attorneys by Pike and Fischer, only seven percent of respondents feel that their companies are ready to meet the e-discovery requirements of the recently updated Federal Rules of Civil Procedure (FRCP). Given that ESG Research estimates that 91 percent of organizations with a workforce over 20,000 employees have been through an electronic discovery event in the past twelve months, this statistic is truly astounding. This article describes the FRCP and the recent changes made to it, explores the implications of these changes on the enterprise (with a focus on IT), and lays out a framework for identifying, assessing, and then addressing the risks associated with the facilitation of e-discovery requests under the new rules.

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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.

© Bradley Schaufenbuel, The John Marshall Law School | Attorney Advertising

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