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Arguing over e-discovery amendments

The debate over whether the Federal Rules need to include more guidance on e-discovery

The Federal Judicial Advisory Committee has created a discovery subcommittee to determine whether amendments to the Federal Rules of Civil Procedure (FRCP) are needed to provide more guidance to companies and relieve some of the burden of e-discovery.

There are two sides to the argument, and “this entire debate is about money,” says Matthew Nelson, e-discovery counsel for technology provider Symantec Corp. Many organizations feel that they are overpreserving information, which leads to increased costs when they have to review that data down the line. They want an amendment that lets them know when the duty to preserve information is triggered, and how much they have to preserve, so they don’t lose as much money.

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