Every attorney needs to be aware that the Preliminary Conference Rule contained in the Uniform Rules of New York Trial Courts has recently been amended to specifically recognize electronic discovery. The need to address electronic discovery issues is now not just required by the Commercial Divisions, but all trial courts throughout the state.

Given the publicity engendered by recent cases of a company being sanctioned in one form or another for its failure to preserve and/or produce relevant electronically stored information, litigators and attorneys who counsel companies should be cognizant of a party’s document preservation obligations and be well informed of the client’s protocols in maintaining ESI.

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