In the last year, state and federal courts have issued a record number of decisions on the use of electronic data in lawsuits. This session will present an overview of the most important judicial decisions handed down in the past 12 months. In addition, the practical impact of these decisions will be highlighted from both a legal perspective and the decisions? impact on electronic records management (ERM). Special focus will be given to case law related to the recent changes in the Federal Rules of Civil Procedure. Some of the issues surrounding these decisions will be reviewed and will include the following:

• Newest approaches to metadata
• Influence of amendments to Federal Rules of Civil Procedure
• Web sites as evidence
• Ethical considerations
• Admissibility of electronic records as evidence
• Document preservation orders
• Protection of attorney-client privilege
• Protection of work product, trade secrets and privacy
• Scope of and limits on electronic discovery
• Meet and confer
• Two-tier discovery
• Cost allocation
• Sanctions and spoliation