Managing e-Discovery And Avoiding Sanctions Under The FRCP Amendments
"Since the amendments to the Federal Rules of Civil Procedure (FRCP) went into effect in December 2006 (and even before), the number one change we have seen is the an increased level of uncertainty and the fear of what might happen if changes are not made to how companies respond to e-discovery. At best, companies can continue to satisfactorily respond to discovery, but with higher costs and unpredictable outcomes as the response process is treated as a discrete event, often resulting in unnecessary fire drills. At worst, the company subjects itself to undue leverage and sanctions because it didn't do the right thing and can't defend its practices."
(Source: http://www.metrocorpcounsel.com/pdf/2008/January/15.pdf.)