By K&L Gates partner David R. Cohen
This article appears in the March 2008 edition of BizTech Magazine, and begins:
If you’re not currently involved in litigation or an investigation and won’t be in the future, then e-discovery isn’t something your business needs to concern itself with. The rub is that it’s often impossible to predict whether your business will be involved in a lawsuit or investigatory action.
Fortunately, the recent amendments to the Federal Rules of Civil Procedure do not impose any requirements on companies outside of the litigation process. And because small and midsize businesses are less likely to be involved in litigation, they are at less risk. However, if your business and IT departments aren’t prepared and you suddenly find yourself involved in a lawsuit, it may be too late to take the appropriate action. Here are three best-practice steps that IT departments should keep in mind with regard to e-discovery and electronically stored information . . .