Re: Heads Up: U.S. Businesses Forced to Change the Way They Save Data on D ec. 1

["Steve Kalman" <techauthor () gmail com>]

The US Supreme Court is in charge of the Federal Code of Civil
Procedure, which spells out how federal civil lawsuits are handled.

One of the changes in this year's update involves cost allocation of
data discovery.

To make a long story short, a company sued in the US has to provide
data (discovery) to the other side on request. If that data is not
digital or if it is digital but is not easily recoverable, then the
additional cost of providing it is borne by the data owner, not the
requester.

This is mainly to stop large companies from making litigation against
them too expensive for smaller companies to pursue. Before this rule
change, the requester paid for it all, giving the large companies
(defendants, typically) an incentive to keep it disorganized.

While the SC rules don't require any changes in the way data is
handled or stored, the expense of litigation compared to the expense
of recovery (and traditional risk analysis) will lead to the changes
envisioned.


> >
> > U.S. businesses are going to have to change the way they handle
> > electronically stored information when new federal rules go into effect
> > Dec. 1.<SNIP>
>
> I don't get this. For one, the SC can't pass laws or update federal
> regulations.
--
Steve Kalman (lawyer hat on)
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