Warnings and best practices in dealing with e-discovery are outlined in a recent article by Carolyn Purwin Ryan, a partner in Cipriani & Werner’s Philadelphia office. Published in the American Bar Association’s Products Liability Litigation Winter 2017 newsletter — “Top Ten Practice Pointers for Dealing with E-Discovery” — discusses tips in identifying and preserving electronically stored information as evidence in a legal matter to avoid the risk of sanctions.
It is insufficient to merely state the issue and advise that all “relevant material” should be preserved. Instead, outside counsel must provide a list of custodians and specifically identify the material to be stored, including the specific devices where information may be held. The duties of outside counsel do not end once the hold letter is issued. Outside counsel must monitor compliance. Failing to maintain information could result in sanctions. Fed. R. Civ. P. 37(e)