In the first article of this series, Preserving Data in the Wake of Amended Rule 37(f), we discussed how recent case law and the upcoming changes to the Federal Rules of Civil Procedure make clear that parties must preserve potentially discoverable electronically stored information (ESI) within an electronic information system, how a team representing the IT, business and legal interests of a company should work together to preserve and produce ESI, and how it is counsel’s duty to oversee that team.
To work well, the team should know many things, including:
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