The E-Discovery Challenge

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This fall, the Securities and Exchange Commission (SEC) subpoenaed several dozen hedge funds to produce trading data and e-mail communications relevant to the trading of financial institution stocks over a period of weeks. The regulator is attempting to determine the extent to which short selling was to blame for a sudden decline in the value of financial stocks. Failure to produce the required electronically stored information (ESI) under such pressure could be a disaster.

Since 2006, the

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