From Anthony Vittoria of Ober Kaler on the impact of electronic documents in everyday business:

There have been literally thousands of articles commenting on the new rules adopted by the federal courts regarding electronic documents (such as e-mail and spreadsheets) during litigation. Most of those articles focus on the obligations of the parties and their counsel to preserve and produce relevant electronic documents to the opposition. Still other articles focus on purely legal issues such as the preservation of the attorney- client privilege in the midst of a large production of electronic documents, and the “safe harbor” provision included in the new rules that addresses accidentally deleted electronic documents.

In the midst of this sound and fury, what is often ignored are the effects that this new focus on electronic documents has on the everyday operation of a business. One of the most important aspects of the new rules that could significantly affect how a business is run is the requirement that the parties address — very early in the litigation process — particular issues relating to electronic documents, including the number, location and format of the relevant electronic documents. Because court deadlines are tight and failure to meet those deadlines could result in severe penalties, companies that have a firm grasp of these issues prior to the commencement of a lawsuit will have a distinct advantage, both in litigation and in everyday affairs.

The following are a few of the important things regarding electronic documents that every business, especially a construction- related business, should know…