Report of the E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association
(Approved by the NYSBA Executive Committee, September 27, 2011)
From the Introduction:
“These Guidelines for Best Practices in E-Discovery in New York State and Federal Courts (the ‘Guidelines’) are intended to provide New York practitioners with practical, concise advice in managing electronic discovery (‘e-discovery’) issues in both state and federal courts in New York, and to be a reference for best practices in e-discovery based on the current state of the law. These Guidelines are not intended to be a comprehensive review of e-discovery matters or the law of e-discovery…
…Whether ESI is stored on Facebook, in an iPad, or in the ‘cloud,’ counsel must understand the implications for attendant legal duties—such as preservation, collection, and production. Lawyers need not become computer experts; but they do need sufficient knowledge to represent clients competently in a world where ‘ediscovery’ is fast becoming standard ‘discovery.’
Do not make assumptions! Never has this precept been more apt than in e-discovery.
There is no exemption from legal duties based on the electronic source of the relevant information. A recorded conversation may not escape preservation obligations simply because it occurred by instant messaging…”
Related Document: NYSBA, Best Practices in E-Discovery in NY State & Federal Courts, Version 2.0
The full text is available at http://www.codemantra.net…