Newly Published SEC Enforcement Manual Addresses E-Discovery

On October 6, 2008, the Securities and Exchange Commission published on its website its new "Enforcement Manual." Although the SEC had its policies and procedures previously set forth in an internal manual (the SEC "Redbook") for many years, this expansive new publication is more comprehensive and offers further insight into the process at the Division of Enforcement.

The Enforcement Manual specifically addresses E-discovery issues in § 3.2.6.2.3. The Manual "encourages" the Staff to request document productions in electronic format (on CD, DVD or hard drive media) and specifies that the Staff's requests should include the Division's technical data standards. The Manual notes that scanned collections, e-mail or native files produced by parties should be compatible with the software systems used by the Staff, Concordance and Opticon. The Manual adds that the Division has its own technology staff to respond to questions and to assist the Staff's review and management of electronic document productions.

The Manual also provides guidance on bates stamping, privilege logs and business record certifications, including sample declarations for domestic and foreign records.

Click to view the SEC Enforcement Manual [PDF].

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Event Notice:

Crowell & Moring partner Jeane Thomas will co-chair the Georgetown Law School's 5th Annual Advanced E-Discovery Institute: The Discovery of ESI Comes of Age. The program is being held in cooperation with The Sedona Conference and will be taking place on November 20-21 at the Doubletree Hotel Crystal City. For more information please visit: https://www.law.georgetown.edu/cle/showEventDetail.cfm?ID=190.