Corporate Counsel’s New Dance Partner: Criminal Lawyers Teach the Limbo Dance

April 2008

By Daniel B. Garrie & Maureen Duffy-Lewis

One of the unintended consequences of the influx of corporate electronic information is the potential liability it poses for today’s corporations. The way companies retain (or in some instances, fail to retain) electronically created information subjects them to not only possible civil but potential criminal liability as well. Magnifying this potential liability are the United States Courts’ efforts to modernize the rules of procedure related to discovery. Corporations are well advised to add another set of eyes to the liability issues created by the new technological sophistication. This paper looks at recent developments in the United States and provides some comparisons to European law.

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