Tuesday, January 3, 2012

New York's Newest E-Discovery 'Best Practices' and Rules



http://ow.ly/8gWbL

An article by Mark A. Berman posted on law.com on the LTN webpage.

This article discusses New York State Court rules, and advises that new eDiscovery rules are now in effect.

The article states, "E-discovery "best practices" recently have been published by the New York State Bar Association (NYSBA) and, in state court, a pilot e-discovery preliminary conference order is now in effect in certain courts. Practitioners need to be versed in both. The NYSBA's Commercial and Federal Litigation Section's E-Discovery Committee (the Committee) has released a report entitled "Best Practices in E-Discovery in New York State and Federal Courts" (the Guidelines), which contains practical "hands-on" advice concerning the challenging electronic discovery landscape relating to, among other things, the preservation, collection, and production of electronically stored information."  A link to the NYSBA is provided in the article.

The article provides further detailed information, and links to additional resources.  The author outlines the Best Practices guidelines that have been provided by the NYSBA.  The article further states, "As such, the Guidelines set out 14 "best practices," together with commentary containing explanations and illustrative examples that highlight critical considerations and challenges facing counsel when ESI is involved, excerpts of which are set forth below. Counsel are encouraged to read the Guidelines in their entirety and to seek to incorporate these teachings in their practices. For those unfamiliar with the technical terminology associated with ESI, the Guidelines include an extensive glossary and bibliography."

P.S.  If you litigate in New York State courts, and you are not familiar with eDiscovery...it is time that you become more familiar with this topic.

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