Florham Park products liability and mass tort partner Mike Zogby and associate Shane O'Connell published an article, “Company-Generated Documents and Emails Are Not De Facto Business Records,” in The Legal Intelligencer on January 29, 2018. They write that courts have worked to construct rules for use before and during trial that ensure only true business records (records of regularly conducted activity that carry an air of trustworthiness and reliability) are admitted into evidence, while avoiding admission of day-to-day communications and other documents that cannot be categorized as business records. This avoids the frequent trial demand of classifying every single company document, including emails, charts, memoranda and marketing brochures, as a “business record” for the purpose of introducing evidence. Mike and Shane discuss the current state of the law under the Federal Rules of Evidence, and provide guidance for attorneys seeking to admit or defend against the omnibus admission of various categories of corporate documents.
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