Friday, August 05, 2005

Working Group on Electronic Evidence

John Lunseth and Rae Cogar opened the meeting.

John reminded us that Rhea Fredrics from Kroll Ontrack will be speaking to the plenary session on Saturday morning -- one of the Hot Topics will be some recent electronic discovery matters.

John solicited further volunteers for the series of monographs that the WG plans to produce. In light of the Zubalake decisions, he thinks that a great opening would be a monograph for companies on their policies for preserving evidence in the face of potential litigation. The group spent some time discussing the concepts -- Including some who noted their frustration with trying to advise clients who are going to be unhappy with the practical results of these new rules. John says that the issues for the monograph should be:

1) When does the duty attach?

2) What do we need to preserve?

Interested persons should get directly in touch with John Lunseth (see link above).

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