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Providing
consulting expertise during the initial ESI discovery discussions
between the attorney who hires us and opposing counsel is one area of
opportunity. Dramatic changes to the Federal Rules of Civil
Procedure (FRCP) are set to go into effect in December 1, 2006.
These new rules require:
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Early meetings to address eDiscovery issues
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Distinguishing between ESI and paper documents.
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Clear definition and understanding of “reasonably
accessible” and “not reasonably accessible"
eDiscovery
risks that are inherent in all cases involving the acquisition or
presentation of ESI:
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Spoliation
– Lack of a “safe harbor and / or destruction of ESI evidence that
can lead to negative inferences about why the evidence was destroyed
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Non-Compliance / Sanctions
– Failure to fully comply with eDiscovery requests can lead to
sanctions
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Missing Key Evidence
– Failing to find or consider ESI evidence that might change the
outcome of a case
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