Since the adoption of special amendments to the Federal Rules of Civil Procedure in late 2006, the field of e-discovery law has grown more dangerous for public agencies. Recent cases show courts are serious about expecting litigants to possess and be able to find their e-mail and other electronic records. Litigation trends suggest that an agency is wise to be generous in the retention of e-mail by decision makers and to be capable of easily finding and searching the more recent records. A prudent course would be for the agency to implement a central e-mail archival system.