Electronic Discovery Law

Posted at 9:44 AM on May 22, 2012 by K&L Gates

ABA Working Group Issues Interim Report on e-Discovery in Bankruptcy Cases

In March, the American Bar Association’s Electronic Discovery [ESI] in Bankruptcy Working Group issued its Interim Report on Electronic Discovery Issues in Bankruptcy Cases. The Working Group “was formed to study and prepare guidelines or a best practices report on the scope and timing of a party’s obligation to preserve electronically stored information (ESI) in bankruptcy cases” and has prepared preliminary guidelines in three bankruptcy-related subject areas: “(i) large Chapter 11 cases; (ii) middle market and smaller Chapter 11 cases; and (iii) Chapter 7 and Chapter 13 cases.” Those preliminary guidelines are appended to the Interim Report, which was issued to “invite and stimulate comments from a wider audience.” Thus, readers are encouraged to review the report, available here, and to submit comments to the Working Group using the contact information provided.

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