Best Practices Report on Electronic Discovery (ESI) Issues in Bankruptcy Cases

    View Author November 2013

    The subject of electronic discovery issues in litigation has generated significant discussion and debate in recent years, as well as numerous legal decisions. In response, the ABA Electronic Discovery in Bankruptcy Working Group was formed to study and prepare guidelines and a best practices summary on the scope and timing of a party’s obligations to preserve and produce electronically stored information (ESI) in bankruptcy cases. Squire Sanders partners Scott A. Kane (Litigation Practice Group and Chair of the firm’s eDiscovery & Data Management Team) and Stephen D. Lerner (Global Chair of the Restructuring & Insolvency Practice Group) are members of the Working Group and contributed their broad range of experience and perspective.

    The Working Group’s efforts produced the “Best Practices Report on Electronic Discovery (ESI) Issues in Bankruptcy Cases,” which is intended to provide a framework for dealing with ESI issues in bankruptcy matters and to highlight certain guiding principles that should be considered. Those principles are discussed in the Report. The Report was recently published in Business Lawyer for public comment. The Working Group is comprised of judges and former judges, bankruptcy and general litigation attorneys, bankruptcy practitioners, representatives of the Executive Office for United States Trustees, and law professors knowledgeable in the field of bankruptcy law. If you have any comments or questions regarding the Report, please feel free to share it with Stephen or Scott, who will share any feedback with other members of the Working Group.

    (Please note this Report is not, and should not be construed as, the official policy or position of the American Bar Association).