Amending the Federal Rules (Again): Finding the Best Path to an Effective Duty to Preserve

Engage, Volume 11, Issue 2
By Thomas Y. Allman
August 31, 2010
Implementing a “duty to preserve” can be a complicated and expensive task in a world dominated by discovery of electronically-stored information (“ESI”). As pointed out in one of the papers submitted at the recent 2010 Civil Litigation Conference held at the Duke Law School by the Civil Rules Advisory Committee, “[l]itigants and their lawyers [facing demands for e-discovery] must immediately identify, promptly preserve, comprehensively collect, fairly filter, properly process, rigorously review, and produce ESI in appropriate format[s] without sluggishness, purposeful or otherwise" ...