ACC Takes a Stand on e-Discovery

Posted: Feb 8, 2005

CONTACT: Susan Hackett
202.293.4103, ext. 318

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Washington, DC – The Association of Corporate Counsel (ACC) has adopted a policy on e-discovery in anticipation of testimony before the Federal Courts' Advisory Committee, which has proposed e-discovery reforms to the Federal Rules of Evidence. The new rules would bring current the rules of discovery, which were written for a paper-based litigation system, to help litigants navigate the discovery process in an age of electronic files, communications, and records.

ACC specifically supports proposals that presumptively limit the need to preserve and produce information that would otherwise be rendered inaccessible under regular records retention policies and procedures. Current rules are unclear, providing too much latitude for discovery abuse, especially affecting companies that have properly purged or recycled documents under reasonable corporate records retention or disaster recovery policies. Additionally, ACC strongly supports proposals that would provide a "safe harbor" from sanctions for the routine loss of information that can occur despite good faith operation of a conventional records system.

"ACC members—plaintiffs and defendants alike—agree that the current system is not working," stated Frederick J. Krebs, ACC President. "We need clear and reasonable rules so companies can create records retention programs that both meet business needs and anticipate future litigation demands."

ACC's policy is online at www.acca.com/public/accapolicy/ediscovery.pdf; information on the Federal Courts' Advisory Committee’s proposals is online at www.uscourts.gov/rules/index.html.

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About the Association of Corporate Counsel
The Association of Corporate Counsel, formerly the American Corporate Counsel Association, is the in-house bar associationSM serving the professional needs of attorneys who practice in the legal departments of corporations and other private sector organizations worldwide. Since its founding in 1982, the association has grown to more than 17,000 members in 53 countries who represent 7,500 private sector organizations. For more information, go to www.acca.com.

 

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