Also important to complying with discovery of electronic records is the requirement that records be produced in a timely manner. The changes to the Federal Rules of Civil Procedure were the culmination of a period of debate and review that started in March 2000 when then Vice President Al Gore’s fundraising activities were being probed by the United States Department of Justice. After White House counsel Beth Norton reported that it would take up to six months to search through 625 storage tapes, efforts began to mandate timelier discovery of electronic records.Modern message archival systems allow legal and technology professionals to store and retrieve electronic messages efficiently and in a timely manner.
The formalized changes to the Federal Rules of Civil Procedure in December 2006 and in 2007 effectively forced civil litigants into a compliance mode with respect to their proper retention and management of electronically stored information (ESI). The risks that litigants face as a result of improper management of ESI include spoliation of evidence, adverse inference, summary judgement, and sanctions. In some cases, such as Qualcomm v Broadcomm, attorneys can be brought before the bar and risk their livelihood.
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