Although it has been more than three years since the Federal Rules of Civil
Procedure were amended to codify parties’ obligations to preserve and
produce potentially relevant electronically stored information (ESI), a
recent survey conducted by Kroll Ontrack reflects that only 46% of U.S.
corporations possess an ESI readiness strategy.1 Meanwhile, a
review of recent judicial decisions on requests for discovery sanctions
reflects a growing impatience by courts for a lack of such a readiness
strategy and resulting failures to competently preserve and produce
potentially relevant electronically stored information.
