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Lawyers Share E-Discovery Woes

By James Rogers, February 7, 2008 5:50 PM

NEW YORK -- More than a year after the Federal Rules of Civil Procedure (FRCP) were amended to bring electronic information more into the pretrial process, many users have still not tackled the storage challenges of e-discovery.

From backup tapes hidden in the floor to unresponsive ERP systems and a worrying lack of knowledge from key personnel, users are wrestling with multiple challenges.

"This race is far from over," warned Andrew Drake, senior counsel for discovery management at Nationwide, during a panel discussion at the LegalTech show this morning, highlighting the surprising lack of e-discovery know-how at some organizations.

"I was talking to the inside counsel of a regional utility who was basically having a problem getting his CIO to admit that content stored in email is actually a record," added Drake. "How is this not settled at this point?"

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