On 3/15/07, Tim Barnard <[log in to unmask]> wrote:
>
> it's the revisions to the Federal Rules of Civil Procedure.  They turned
> it over to the county's attorney, who just left on two weeks vacation.
> I printed out one document that doesn't give me the source and I can't
> find it referenced in any emails I received.  It appears to be a 3-page Word
> document in outline form titled, "Electronic Records, New Legal Mandates and
> the Importance of a Records Retention Policy."  If anyone can identify it,
> could you please contact me off-list?



This isn't WHAT you were looking for, and considering the date on it, shows
that Randy Kahn (as I always knew) was WAY ahead of his time...

http://snipurl.com/1d6m4<http://www.emc.com/pdf/products/centera/kahn_the_new_compliance_mandate_wp_ldv.pdf>

And here's another decent piece:

http://snipurl.com/1d6m3

But what you're describing sounds like an analyst report that someone may
have seen an excerpt from.  The majority of these I've seen are
vendor-centric white papers which tend to serve as lead-ins to why you need
their product to assist you in compliance withe new FRCP, but for the most
part, they seriously overstate the requirements, in part because they likely
don't understand the degree to which an organization may be impacted by the
changes to the FRCP.

Examples of knee-jerk reactions and bad advice have included a litany of:

   - claims that school districts will now have to save EVERY PIECE of
   e-mail,
   - that businesses may be "best served by 'archiving' all of their
   e-mail traffic",
   -  that in light of the changes to the FRCP, the best strategy to
   ensure compliance is to "save everything"

I think a lot of what is happening is misinterpretation of the FRCP or
someone reading every third word of the changes and thinking the easy answer
is the best answer.  The intent of the changes was to create a level playing
field and to simplify the process for e-discovery, so that both sides are
speaking the same language and that due diligence is done to limit the
chance of information being improperly destroyed once the intent to file a
legal action has been declared.

Larry

-- 
Larry Medina
Danville, CA
RIM Professional since 1972

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