Survey says...we don't know
According to a February 2005 survey conducted by the American Bar Association on electronic data management, electronic discovery, and the proposed changes to the Federal Rules of Civil Procedure, over 80% of corporate counsel surveyed are not aware of or familiar with the e-discovery amendments. With the rules close to being finalized, there is a lot of work to be done. Interestingly, the survey noted that counsel are concerned about the issue, but, for the most part, there had been few spoliation sanctions or awards at this time. That may change...
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