The federal judiciary has published a set of proposed rules to govern the twists and turns of electronic discovery, addressing issues such as inadvertent disclosure of privileged information, treatment of information that is not reasonably accessible and consequences of loss or destruction of data. U.S. Magistrate Judge Ronald Hedges took issue with an amendment to Rule 37, which creates a "safe harbor" to protect a party from sanctions for failing to provide electronically stored information.
Federal Courts Propose Rules for E-Discovery
New Jersey Law Journal
September 8, 2004