PROLOGUE – E-Discovery and the Federal Rules of Civil Procedures

PROLOGUE

Electronic discovery (E-Discovery for short) refers to the legal discovery of electronic documents and data. According to a recent survey of corporate attorneys by Pike and Fischer, only 7% of respondents feel that their companies are ready to meet the E-Discovery requirements of the recently updated Federal Rules of Civil Procedure (FRCP). Given that ESG Research estimates that 91% of organizations with a workforce over 20,000 employees have been through an electronic discovery event in the past twelve months, this statistic is truly astounding.1 The pitfalls involved with E-Discovery represent one of the greatest risks that organizations face in litigation today. This ITG Pocket Guide describes the FRCP and the recent changes made to it, explores the implications of these changes for the enterprise (with a focus on IT), and lays out a framework for identifying, assessing and then addressing the risks associated with the facilitation of E-Discovery requests under the new rules.

1 Brian Babineau, ‘Leveraging IT and Electronic Discovery Technology to Meet the Expected Challenges Posed by Recent Changes to the Federal Rules of Civil Procedure’, Index Engines, Inc, October 2006.