Nov. 12, 2010: Comment to the Rules Advisory Committee
Nov 12, 2010

This formal comment, Preservation: Moving The Paradigm, was submitted to the Advisory Committee on Civil Rules regarding problems related to preservation of information in litigation.

LCJ submitted a formal comment to the Advisory Committee on Civil Rules regarding problems related to preservation of information in litigation. The current ad hoc patchwork of preservation obligations created by individual courts is creating burdens on litigants far beyond what anyone would consider reasonable. As detailed in the Comment, the current paradigm involving preservation and spoliation of ESI is undermining the “just, speedy and inexpensive” determination of actions. It has forced litigants to spend millions of dollars to address an unquantifiable risk in computing systems that were not designed for litigation holds. Meaningful rule amendments would supply the guidance necessary to help solve these increasingly serious and costly problems that our members see in everyday litigation. This impressive product was based on an excellent draft from LCJ member John Jablonski with input from a significant number of other corporate and defense counsel who participated on the LCJ Preservation Working Group.

 
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