Seemingly lost amidst therecent clamor regarding electronicdiscovery is a discussionof the obligations ofnonparties that are likely to possess relevantelectronic documents. Do theyalso have to issue preservation notices,produce all potentially relevant electronicdata and absorb the attendantcosts? Moreover, how will nonparties betreated if and when the proposed amendmentsto the Federal Rules of Civil Proceduretake effect?
The uncertainty surrounding the worldof electronic discovery, coupled with therisks of failing — even inadvertently — tosatisfy one’s legal obligations create aconundrum for nonparties. By parsingrecent case law and the proposed amendmentsto the Federal Rules, however, nonpartiescan equip themselves with somehelpful tools in negotiating the often complicatedand expensive process ofresponding to civil subpoenas in the post-Zubulake world.
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