If there could be a case, then don't delete that e-mail (or IM)

An obscure change in the rules regarding production of evidence in federal court — which goes into effect Friday — will force companies to better manage the volumes of electronic information they generate and keep.

Under an amendment to the federal rules of civil procedure, business executives and corporate lawyers who are expecting to be sued will now have to preserve electronic data with the same care and diligence they would use in preserving documents.

In other words, no shredding of paper — and no deleting e-mails [or Instant Messages[ — when there's a likelihood of legal action.

"It's a very big deal," says Daniel Gelb, a Boston-area attorney who specializes in electronic discovery. Instead of deciding how to handle electronic data on a case-by-case basis, the new rules "codify how lawyers should handle electronic discovery."

"For law firms and organizations that don't do a lot of electronic discovery, this is going to be a major awakening," says Douglas Herman of UHY Advisors.

USA Today