Review E-Discovery to Reduce Spoliation Risks

Have you ever been lucky enough to experience the feeling that comes over you when you learn that your client did not retain e-mails that are pertinent to litigation, whether it be that the e-mails were simply deleted or that your client's computer crashed three years ago and sent potentially relevant e-mails straight into Dante's eighth circle of hell? Quite an unsettling feeling. Despite counsel's best efforts, preservation of electronic information seems to be a constant sore spot in complex litigation.

In a post-Zubulake and Morgan Stanley world, where the amendments to the Federal Rules of Civil Procedure went into effect well over a year ago, the struggle with how to best manage electronic data discovery continues. See Zubulake v. UBS Warburg, 229 F.R.D 422 (S.D.N.Y. 2004); see Coleman Holdings v. Morgan Stanley, 2005 WL 679071 (Fla.Cir.Ct. March 1, 2005).