Law Blog 2.0

Information not originally thought to be relevant may become a vital resource in laying the groundwork for your case. However some materials absent specific notice may be purged pursuant to a written document retention policy thereby providing opposing counsel and his/her client safe harbor protection under Rule 37(f) of the Federal Rules of Civil Procedure. On the other hand if you can provide notice as to potentially relevant information, and opposing counsel fails to preserve this information opposing counsel and his/her client will potentially be subject to serious sanctions.1 The universe of responsive documents can be further expanded using interrogatories designed to ascertain relevant electronic information systems that may contain information relevant to your litigation. (This process will also facilitate understanding of opposing counsel’s technological infrastructure, information that will be useful in the event opposing counsel claims data are [...]