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Employers Face New Obligations to Preserve Electronic Data

January 2007
Employment Law Notes
Employers need to add an other item to their list of New Year’s resolutions. Due to recent amendments to the Federal Rules of Civil Procedure, an employer must now safeguard potentially relevant electronic data when it reasonably suspects a current or former employee may file a lawsuit. The amendments signal the judiciary’s recognition that electronic data, i.e., email and other relevant electronic data, can inadvertently disappear with the click of a mouse or the absence of an electronic data retention policy.