The admissibility of electronic records is still evolving as most organizations strive to move from paper to paperless records. However, the admissibility of electronic information is somewhat more complex, raising issues as to the methodology used in data collection and the chain of custody of the electronic data once it has been collected.

The following cases represent a selection of decisions following the 2006 amendments to the Federal Rules of Civil Procedure:

• In re eBay Seller Antitrust Litigation, 2007 WL 2852364 (N.D. Cal. Oct. 2, 2007)
• In re Vee Vinhnee, 336 B.R. 437 (B.A.P. 9th Cir. 2005)
• Lorraine v. Markel American Ins. Co., 241 F.R.D. 534, 538 (D. Md. 2007)

How Fios can Help

Fios understands that effective information governance practices and policies reduce the likelihood that electronic records will be found to be inadmissible. We proactively help our clients better understand the information they have, how to preserve it in the anticipation of likely litigation, and how to collect it in such a way that that the risks of inadmissibility are greatly reduced. We also assist in the development of ESI production policies and procedures to ensure that the chain of custody is maintained following collection.

Click here to learn more about our services >