[windows2000] Re: Slightly OT: New Rules Make Firms Track E-Mails, Instant Messages for Federal Trials

  • From: "Jim Kenzig ThinHelp.com" <jkenzig@xxxxxxxxx>
  • To: windows2000@xxxxxxxxxxxxx, THIN <thin@xxxxxxxxxxxxx>
  • Date: Fri, 1 Dec 2006 09:12:40 -0500

This is funny cause I was just about to post a blog post about this and I am
in the middle of dealing with a subpoena right now requesting emails/files
back to 2001. (2 email systems ago for us)  Companies are going to have to
skedaddle and get with a document retention policy.

Here is the article from Cleveland Plain dealer
New e-records rules go into effect today *Companies must be able to hand
over electronic data *
Friday, December 01, 2006 Janet H. Cho
*Plain Dealer Reporter*

If you got slammed with a court request for all of your company's electronic
records, including e-mails, BlackBerry messages and cell phone databases,
would you be able to dig them up and hand them over?

Starting today, you don't have a choice.

Amendments to the Federal Rules of Civil Procedure that govern electronic
discovery take effect today, and they're far more expansive in terms of the
kinds of data businesses have to keep, store and keep track of.

The new e-discovery rules require all businesses, both public and private,
large and small, to hang on to e-mails, server backup tapes, home office
computer data, BlackBerry messages, cell phone records and other electronic
information - anything that could be sought in future corporate litigation,
a fraud investigation, a mergers and acquisitions deal valuation or other
proceeding. Penalties for non-compliance can include fines.

But some think the new rules could be as costly and burdensome for companies
as complying with the Sarbanes-Oxley Act, which regulates corporate
financial reporting and auditing.

Matthew Rechner, chair of the electronic discovery practice group and
response team at the Cleveland law firm McDonald Hopkins Co. LPA, says the
new guidelines formalize what the courts have been saying for years: that
e-mails and other electronic data are relevant and can be requested as

Companies that update their policies can help insulate themselves against
liability in future lawsuits.

"It's not something that happened overnight. This has been coming since the
late '90s," said Tom Aleman, national service line leader for the analytic
and forensic technology group at Deloitte Financial Advisory Services in
Charlotte, N.C.

"Here now is written in stone: 'Thou shalt be ready.' "

Also check out:


I'll tell you what this is a boon for Citrix as now they have another sales
pitch as to why putting your office/email docs on the server instead of the
desktop makes a whole lot of sense.

Jim Kenzig

On 12/1/06, Charles R. Buchanan <wrote:

Thought some might find this interesting if you didn't know already.


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