What corporate organizations are involved in trying to influence the debate on new rules for electronic discovery?
Donovan: Lawyers for Civil Justice, a nationwide coalition of defense and corporate and trial counsel, has been active in analyzing the issues and submitting comments to the Committee. I noticed that ACCA is sponsoring a webcast on February 1 with Ken Withers, who is on the staff of the Federal Judicial Center and one of the key resources for the federal bench on the topic of electronic discovery.1 The ABA has an Electronic Discovery Task Force within the Litigation Section, which has made its own proposals.2 The Sedona Conference is another group with thoughtful suggestions,3 which includes plaintiff’s counsel as well as corporate and defense counsel. Editor: What are the key issues of concern to corporate counsel at this point? Donovan: First is how we deal with electronically stored information that is “not reasonably accessible.” This has implications both for what companies do in preserving electronic information under threat of litigation, as well as the cost of discovery once li
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