The Hidden Mandate: How Federal Rule of Evidence 502 Will Push Enterprises to Adopting a More Organized Electronic Filing System

Nicholas A. Matlach, Catholic University of America, Columbus School of Law

Abstract

Inexpensive storage combined with inefficient procedures result in a catacomb of electronic documents that are only raised during litigation. Recently passed Federal Rule of Evidence requires “reasonable steps” to be taken to prevent disclosure. The judicial flexibility of 502 will allow judges to continue a decade long trend of pushing enterprises to either adopt document management systems or risk losing their privileged information to inadvertent waivers.