Jim McNairy Quoted in Sacramento Business Journal

“e-Witness: In a Pervasive Tech Culture, Electronic Data Takes the Stand”

Jim McNairy was quoted in the article, “e-Witness: In a Pervasive Tech Culture, Electronic Data Takes the Stand,” published in the October 12, 2007 issue of Sacramento Business Journal. The article discusses federal court rules that went into effect in December governing the discovery process for information stored on computers or any other electronic device.

A key component of the rules defines when a business has a duty to retain data and when it can destroy it. Jim notes, “When it appears reasonably likely that litigation will ensue, the business has an obligation to identify and preserve the subject matter that would be subject to a suit… What most often happens is, assuming that party is subject to the litigation, their attorneys will send what is called a litigation hold notice and alert the organization.” However, even if a company merely suspects it might be subject to a suit, it still has a duty to preserve the data. Deciding what data to save will vary with each company and each case. Jim suggests that it’s prudent to have people on staff who understand their company’s computer infrastructure and what data it contains. 

Jim points out that, “The state courts have not developed and implemented e-discovery rules that are specific to state court practices. But I think at this point, because the federal rules oftentimes are used as a template or proxy for the state rules until they are developed, it’s my sense that a lot of practitioners are aware of the rules and incorporating them in their planning.”