Recently, the importance of adopting and implementing appropriate safeguards for the protection and preservation of electronically stored information (“ESI”) was addressed in Chura v. Delmar Gardens of Lenexa, Inc., No. 11-2090-CM-DJW, 2012 U.S. Dist. LEXIS 36893 (D. Kan. Mar. 20, 2012).  In Chura, the Court ordered an evidentiary hearing to discuss the defendant’s failure

On July 19, 2011, the U.S. Federal Trade Commission (the “FTC”) and the U.S. Department of Justice, Antitrust Division (the “DOJ”) issued a Final Rule Publication with respect to a number of revisions (the “Revisions”) to the Hart-Scott-Rodino Premerger Notification Rules (“HSR”).  The Revisions became effective on August 18, 2011.

The FTC and the DOJ