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Litigation's Latest: Changes Announced for Preserving, Producing Documentation for Litigation

September 07, 2016

The Federal Court Rules of Civil Procedure recently been have amended to insert provisions which limit the scope and application of the rules related to the obligation of companies and individuals to preserve and produce documents and electronic information for use in litigation.

Not all written communications must be preserved in perpetuity. But, when a party reasonably anticipates that a particular matter may result in a lawsuit, that party and its representatives are prohibited from destroying written materials and electronic communication (emails, etc.) which may be relevant or discoverable in that lawsuit.

In the wake of Enron and the widespread destruction of written documents and materials in numerous well-publicized disputes resulting from the financial crises of 2008, courts have increasingly imposed severe sanctions (monetary or otherwise) on a parties found be in violation of the rule prohibiting the destruction of evidence.

Phelps Dunbar Gulfport partner Scott Ellzey has authored an article, “Changes Announced for Preserving, Producing Documentation for Litigation,” exploring these changes and what companies and individuals needs to do to properly preserve and produce documents and electronic information for use in litigation.

Click here to read the entire story in the July 15 issue of the Mississippi Business Journal.