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					               NY State Courts Implement E-Discovery Rules

       Effective February 2009, the Commercial Division of the NY State Supreme Court (Nassau County)
       mandates certain guidelines be followed relating to electronic discovery. In summary, the parties must
       discuss (i) implementation of a data preservation plan; (ii) identification of relevant data; (iii) the scope,
       extent and form of production; (iv) anticipated cost of data recovery and proposed initial allocation of such
       cost; and (v) disclosure of the programs and manner in which the data is maintained. The guidelines
       apply to cases pending in Nassau County before Justices Leonard B. Austin, Ira B. Warshawsky and
       Stephen A. Bucaria but it is likely that other state judges will adopt them as well.

       Following the lead of the federal courts, lawyers representing clients in Nassau County must specifically
       address electronic discovery in a similar manner as envisioned under FRCP Rule 26(f). Counsel must
       obtain a comprehensive knowledge of how their client’s retain, delete, store, manage and collect
       electronic evidence or face sanctions for failing to do so. Avoiding the issues or pleading ignorance will
       no longer suffice.

       DOAR, headquartered in Nassau County, has been involved in many matters filed in the courts here and
       knows how challenging these issues can be to lawyers and their clients. DOAR’s president, Paul Neale,
       states “The common theme among litigants in Nassau County is that the costs associated with dealing
       with electronic discovery are so significant that it is easier to litigate around it. However, there are cost-
       effective, reasonable approaches that should be considered and discussed with co-counsel so that these
       issues can be resolved amicably and with the least burden on the court.”

       To discuss these guidelines in more detail, contact us at or call (800) 875-8705.

TEL: 800.875.8705         WEB: WWW.DOAR.COM

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