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eDiscovery: Regulations Don't Stop with the Feds
Companies and their legal staff are just coming to grips with e-discovery amendments made to the Federal Rules of Civil Procedure in 2006, but the eDiscovery landscape is getting ever more difficult to navigate. States are now coming out with their own interpretation of eDiscovery rules. Nearly 25 states have now come out with their own legislation around how to deal with eDiscovery.
For example, California was recently added to the list of state governments with their own brand of eDiscovery. In June 2006 Governor Schwarzenegger signed into law the California Electronic Discovery Act. This law was drafted in a way that closely resembles the federal rules, and those rules now will apply to cases coming before the California state court system.
The California law recognizes that eDiscovery can be burdensome and a costly undertaking to companies, so the law allows companies to object to requests to information which is not reasonally accessible. But even so, if the requesting party can demonstrate good cause, the objection can be denied.
With each state coming up with its own version of eDiscovery and special sets of requirements, navigation through the various rules and regulations can prove to be challenging for companies and their legal council.
