Barkett Authors Piece in ABA E-Discovery Publication

Partner John Barkett (Miami -- Tort) has written an article outlining the new federal rule requirements for the discovery of electronically stored information (ESI).  The American Bar Association's Section of Litigation published the article, "The Battle for Bytes and New Rule 26," in a special 2007 publication on e-discovery. 

Barkett discusses the recently implemented changes to the rules as well as those unchanged discovery provisions that apply with equal force to ESI.  The article includes ten rules for ESI management that will be helpful for clients frequently involved in litigation.  According to Barkett, "If you have to start the hunt [for ESI] anew with every new action, you are not organized." 

A second sidebar tells a few ESI horror stories, including a summary of the Morgan Stanley case in which a failure to pay meaningful attention to preservation, production and disclosure obligations led to sanctions directly related to liability issues. 

To read this informative overview, please click here.