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New Rules Tighten Electronic Document Destruction

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On December 1, 2006, several amendments to the Federal Rules of Civil Procedure ("Federal Rules") become effective. Changes to Federal Rules 16, 26, 33, 34, 37, and 45 are specifically directed at the conduct of discovery of "electronically stored information." Key changes to the Federal Rules include 1) placing a substantial burden on a party to preserve all potentially discoverable electronic information once litigation is reasonably anticipated and 2) requiring early attention to electronically stored information issues in discovery conferences and scheduling orders.

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