According to Christopher S. Rugaber of The Associated Press, companies that help businesses track and search their e-mails and other electronic data are experiencing a surge of interest in the wake of a 2006 federal rule changes that clarify requirements to produce such evidence in lawsuits.

Companies used to be focused on how they store information. Now they’re focusing on how to retrieve it.

The new rules require U.S. companies to keep better track of their employees’ emails, instant messages and other electronic documents in the event the companies are sued, legal experts say. They are part of amendments to federal rules governing civil litigation and were approved by the Supreme Court’s administrative arm in April after a five-year review.

Amendments to the Federal Rules of Civil Procedure (FRCP) PRIMER
The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts. New amendments to the Federal Rules of Civil Procedure address the discovery of electronically stored information. On April 12, 2006, the Supreme Court of the United States approved and forwarded these amendments to Congress. Certain revisions to the Federal Rules of Civil Procedure address the preservation and discovery of data in electronic media, also known as e-Discovery.

Electronic discovery (e-Discovery or ediscovery) refers to “any process in which electronic data is sought, located, secured and searched with the intent of using it as evidence in a civil or criminal legal case.”

In regards to ECM and ERM, the two rules to focus on are FRCP 26(b)(5) and FRCP 34(b). FCRP 26(b)5 deals with General Provisions Governing Discovery; Duty of Disclosure; Discovery Scope and Limits; and Claims of Privilege or Protection of Trial Preparation Materials. FRCP 34(b) focuses on the Production of Documents, Electronically Stored Information and Things. These amendments to FRCP address a common corporate problem: the volume of electronically stored information and its maintenance.

During an electronic discovery process, all types of data serve as evidence such as text, images, calendar files, databases, spreadsheets, audio files, animation, websites and computer programs. Because of lax corporate management, email is often the most valuable source of evidence in civil or criminal litigation.

“All organizations should proactively prepare for the amendments,” warns AIIM President John Mancini. “The new rules will require businesses to have continuous, ready access to, and control of, all electronically stored information that may be relevant to the discovery phase of the litigation process.”