B&L Associates

New York State Bar Association unveils new eDiscovery guidelines

November 3, 2011

As legal experts and business executives continue to seek advice in the field of eDiscovery, the New York State Bar Association recently performed an important service with the release of new best practice guidelines.

"As its title suggests, the [report] is unique in that it is the first practitioner-focused compilation of its kind to highlight key distinctions between eDiscovery law and practice in the New York state and federal court systems," explained project coordinator Jonathan Lupkin.

Practitioners may be particularly interested in the report's detailed discussion of common financial concerns. To contain the costs of eDiscovery processes, authors advised companies to establish proactive media management policies and practices. With IT managers facing ever-expanding volumes of electronically stored information, efficiency is key. Additionally, proper document retention protocol can help businesses avoid costly sanctions brought by evolving regulatory standards.

Report authors also addressed the broad scope of data that courts are now asking companies to store and reproduce, advising companies to adopt a conservative retention strategy when in doubt. Also, attorneys were encouraged to familiarize themselves with their clients' technological capabilities early on in proceedings to prevent any unfortunate surprises.