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10 July 2008 / Susan Knox
Issue: 7329 / Categories: Features , In-House , E-disclosure , EU
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Easing the burden

Susan Knox outlines the advantages of electronic disclosure in EU litigation

As corporate communications increasingly involve e-mail and other electronic documents, electronic disclosure in disputes is occurring more frequently. Depending on the jurisdiction and the matter, the disclosure of electronic materials may be mandatory. Even where not required, litigation teams are increasingly taking advantage of the latest search and review technologies to prepare the case using electronic materials.

Materials in any matter are likely to be sourced from individuals' desktop and laptop PCs, and work e-mail accounts. These sources, despite corporate rules and policies, are likely to contain irrelevant personal data, including banking and health information, communications with friends, and music files. When collecting electronic evidence it is essential, therefore, that companies and their lawyers observe applicable employment, privacy and data protection laws, while also heeding court orders and considering the company's legal needs.

Disclosure, Data Protection and Privacy

Lawyers must be aware of the rules concerning disclosure in the individual case. These may include court rules of general application, such as

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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