What do “electronic discovery” and “data preservation” mean?
“Discovery” is the process by which relevant information is exchanged between parties in a lawsuit. It is conducted via production of documents and the taking of depositions. Federal and state courts have long recognized that electronic data is subject to the same discovery rules as other evidence relevant to a lawsuit. The issue has received substantial national attention recently, however, because of a series of court rulings resulting in the imposition of huge sanctions on parties for their failure to preserve electronic data and because of amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2006. Upon notice that a lawsuit has been commenced against the University (or a charge filed with an administrative agency), or if it is reasonably anticipated that a lawsuit may be brought (or a charge filed), the University and all of its faculty and staff members are now under a legal duty to preserve all evidence, whether hard copy or electronic, that might be
