UPDATE

New Developments:

• Did you know that on September 26, 2002 a 2nd Circuit Court of Appeals opinion in Residential Funding v. DeGeorge (2002 U.S. App. LEXIS 20422, 2d. Cir, Sept 26, 2002) clearly raises the bar on what constitutes negligent versus acceptable behavior with respect to Electronic Discovery & Production? Ordinary negligence and purposeful sluggishness are sanctionable offenses. When this opinion is combined with the Sarbanes-Oxley law, whether you face another business, class-action plaintiff or government regulator, your opponent has new legal weapons to use against you that focus on how you handled your Electronic Discovery obligations & the overall trustworthiness of your information disclosures. The full decision can be found at
  https://www.tourolaw.edu/2nd Circuit/September02/01-92820.html

• Corporate / Merger practitioners are not exempt from this calculus. During a recent ABA Teleconference, Dan Ducore of the Federal Trade Commission (FTC) outlined how even before President Bush signed Sarbanes Oxley into law, the FTC had expanded their use of sanctions under 4(c) enforcement powers to assure accurate certification of compliance. See http://www.abanet.org/

Upcoming Events

Evidence Exchange invites you to a free 50 minute CLE Accredited Program on Electronic Discovery. www.evidenceexchange.com

New Peer-To-Peer E-Forum:

Evidence Exchange will sponsor a one-day E-Forum on Thursday, November 20, 2003, which is a closed-door opportunity to network with your colleagues from other corporations and professional service firms. The focus of the E-Forum is finding what works best for you in the area of digital discovery & production. Participants to include other Corporate Counsel from a mix of non-competing organizations. Guest speakers to include a Federal Judge, Law School Professor, a Regulator and Plaintiffs Counsel. CLE credit available
Cost: $755.00 per E-Forum plus travel. See our web site or call (212) 594-2500 x 314.