Saturday, October 29, 2011

eDiscovery Compliance Just Got Harder – Are You Ready?



http://ow.ly/7d10k

An article posted on the B&L Blog on bandl.typepad.com (No author credit listed).

The article states that the results of a recent survey taken by Symantec (a link to the survey is provided in the article) eDiscovery will now be more complicated than it was in the past, since email is now longer the most common form of electronically stored information produced during eDiscovery.  The article states, "For a while now, companies have viewed eDiscovery as primarily an e-mail management game. Now, as the Symantec survey indicates, it’s not quite that simple anymore. Today’s eDiscovery challenge, as these results highlight: how to produce requested information from across a broader range of disparate data sources—but to do so just as quickly as ever to avoid sanctions, fines and compromising your legal position and driving up costs by providing too much information."

The article provides the following advice for dealing with eDiscovery:

  • Implement an active, consistently enforced retention policy that covers all potential data sources, not just e-mail. The policy needs to specify not just what to keep and for how long, but how to systematically destroy data at the appropriate time.
  • Cast a wider ESI (electronically stored information) net. Determine how you will capture, manage, store, backup and archive data from each and every potentially discoverable source.
  • Deploy the right eDiscovery tools to defensibly collect and process data for review from these disparate sources.

The blog post states, "Having the right eDiscovery strategy and tools can help you locate the right data (and only the right data) in a matter of minutes, rather than in days, weeks or not at all."

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