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E-mail documentation faces corporate counsel

By Staff -- Manufacturing Business Technology, 11/1/2005 7:00:00 AM

The average U.S. manufacturing company now faces 40 lawsuits, 18 of which were initiated within the last year, according to a survey from New York law firm Fulbright & Jaworski. There also is dramatically increased concern for constraints stemming from electronic discovery in light of high-profile events—the No. 1 new litigation-related burden for companies with revenues of $100 million-plus.

Some recent legal cases hinge on e-mail trails, and failures to retain records have led to hefty fines. "In light of the risk involved with poor records retention," says Fulbright's Robert D. Owen," it comes as no surprise that electronic discovery is the [chief] concern of this year's respondents. I don't believe it a coincidence that in-house corporate counsel raised these concerns while simultaneously voicing their distress over rising litigation costs—in my view, the two are inseparably linked."

More than 80 percent of those surveyed also say they now have record-retention policies, and three-quarters have litigation-hold policies.

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