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A Better Partnership

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Dec 2006
19
December 19, 2006

New Rules Regarding Electronic Discovery Take Effect

On December 1, 2006, the United States Supreme Court amended the Federal Rules of Civil Procedure to deal with the issue of electronic discovery. Although these news rules do not drastically change your existing obligations under prior federal law regarding electronic discovery, they did put into place specific procedures for the discovery of electronic evidence, such as e-mail. The rules also, for the first time, explicitly recognize "electronically stored information," and provide for a safe harbor if data is lost by the routine, good faith operation of an electronic information system. In order to take advantage of these new rules, you should have in place a written policy that not only deals with document retention, but also with the proper procedures to cease the destruction of relevant electronic data if you are sued, or are on notice that you may be sued. You soon will receive information from us regarding in-depth programs in this area. But, if you need immediate assistance with respect to policies and procedures, or other issues related to the storage and destruction of electronic data, please do not hesitate to contact Ed Bardelli, Kurt Dykstra, Janet Ramsey, or any of your contacts here at Warner Norcross.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

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