ESI - Front and Center in the New Amendments to the Federal Rules of Civil Procedure
December 1, 2015
In the bankruptcy context, the concept of ESI is relatively new, and not much has been written about it until recently when an ABA Task Force on Electronic Discovery (ESI) Issues in Bankruptcy Cases published its Best Practices Report in the August 2013 Issue of The Business Lawyer. Application of the general principles governing preservation and ESI in the bankruptcy context requires greater sensitivity due to the complex nature of bankruptcy, the number of different constituents involved in the process and the lack of resources available to address ESI. The amendments that go into effect on December 1st will apply in bankruptcy cases based on their incorporation through the Federal Rules of Bankruptcy Procedure. The panel will address the new amendments, with particular attention to ESI, and then explore the impact that they will have on parties involved in bankruptcy cases.
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