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Implications of Electronic Data Discovery for Business Managers
The increasing importance of digital data as evidence in litigation has given rise
both to a body of evolving decisional law in this area, and a parallel increase in the
obligations of litigants and their outside counsel to ensure compliance with these new
obligations.
No industry makes a greater use of the courts as part of its business model
than the insurance industry. For this reason, the insurance industry has more to gain –
and more to lose – than any other kind of litigant in understanding and adapting its
practices to remain compliant with these evolving expectations of the courts. This paper
provides a basic primer on the issues surrounding electronic data evidence, and is written
for an insurance professional with limited previous exposure to these issues.
by John F. McCarrick
(This is written for Insurance professionals but the implications should be understood by every business manager. – Russ)
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