The guidelines are organized in a systematic fashion – covering topics applicable to electronically stored information (“ESI”) before, during and after e-discovery has occurred – and include coverage of legal holds, adequate preservation and investigations, the duty to preserve, forms of production, inadvertent alteration, allocation of ESI production costs, ESI tools, sanctions for evidence spoilation, the devices and types of information that need to be considered in today’s highly mobile environment and what lawyers should discuss with their clients as to the ability to retain and retrieve ESI.
To discuss the NYSBA’s ESI best practices and the potential impact on your own ESI requirements or data information security systems and policies, feel free to contact us.
