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New Rules for Electronically Stored Information

April 3, 2007

On December 1, 2006, the federal courts enacted new rules to address electronically stored information (“ESI”) such as emails, reports, documents or excel files in federal court litigation. The new rules impose obligations on school systems with regard to retention and disclosure of such records. This memorandum summarizes our understanding of these rules to date. We will continue to monitor how these new rules are interpreted and enforced by the courts. As courts and litigants grapple with these rules, there may be additional guidance to offer.

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