New York State-Federal Judicial Council Issues Report on Pre-Litigation Preservation of ESI
This is a bit off-topic for our blog, but worthy of note. The Advisory Group to the New York State-Federal Judicial Council recently issued a report analyzing the extent to which there are differences in the ways in which New York State and federal courts treat pre-litigation conduct regarding the creation, retention, and destruction of electronically stored information. The report includes a survey of New York State and federal decisional law, and concludes with concrete recommendations, including that New York State and federal courts be made aware of actual and potential inconsistencies in addressing the pre-litigation duty to preserve ESI, and that federal courts consider the potential application of the Erie doctrine when deciding cases. Might the Advisory Group’s efforts bear fruit in other jurisdictions? A copy of the report, Harmonizing the Pre-Litigation Obligation to Preserve Electronically Stored Information in New York State and Federal Courts, is posted on the New York Court of Appeals’ website. Kudos to my colleagues, Sharon Porcellio and James Paulino, for their contributions to this effort.
