Modernizing E-Discovery In The FTC

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Law360, New York (June 08, 2012, 12:40 PM ET) -- On Jan. 23, 2012, the Federal Trade Commission published proposed amendments to its rules of practice. [1] In recognition of "the growing prevalence of business files in electronic form," among the suggested rule changes were updates to the FTC’s discovery rules — specifically setting forth standards never before articulated by the FTC for e-discovery.

According to the FTC, the purpose of the proposed amendments is to improve "fairness, efficiency, and openness in all FTC investigations."[2] It is likely no coincidence that these proposals follow on the heels of the initiation of what is bound to be the most complex antitrust investigation the FTC has ever confronted from an e-discovery standpoint — the investigation of Google Inc.’s search algorithm.[3]

[1] FTC Proposed rule amendments, 77 Fed. Reg. 3191 (Jan. 23, 2012), available at http://www.ftc.gov/os/2012/01/120113part2and4frn.pdf.
[2] Id.
[3] Notice of FTC Subpoena and Civil Investigative Demand (June 23, 2011), available at http://www.sec.gov/Archives/edgar/data/1288776/000119312511172902/d8k.htm.

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