Biz Record Admissibility Rule Must Adapt To An ESI World

By Josh Sohn and Nadia Zivkov (May 20, 2021, 4:22 PM EDT) -- All aspects of American society in the 1970s were analog; we listened to records, we took pictures with film, we wrote letters and mailed them, and we created and kept business records on paper. Consistent with this, paper-based business records were the product of thoughtful, deliberate and measured practice.

Companies had policies about when events or conversations should be reduced to writing and what should happen to those writings once they were created. For an event or an idea to rise to the level of an interoffice memo was notable, and for those memos or other documents to warrant inclusion in...

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