How to ensure your electronic information will be ready for litigation

http://ow.ly/6KmmK

An article on the smart business website, which consists of a conversation with Melissa Evans, and the article is published on smart business online website.

This article discusses eDiscovery in general, and defines what it is, and what impact it has upon business.

The article poses the following questions, and offers insight into each topic:

• How is e-discovery different from traditional discovery?
• What can an employer do to prepare for e-discovery?
• How can employers determine what information should be retained?
• What consequences do employers face if potentially important evidence is unavailable for e-discovery?
• How can employers avoid that outcome?

Ms. Evans comments included, "The critical difference between traditional and e-discovery is volume. We retain information electronically in far greater volume than we ever would dream of doing with paper. This includes a substantial amount of information that is of no value to the business or to any litigation involving the business, such as e-mails announcing employee birthdays."

The article further points out, "The obligation to preserve potentially relevant information, both ESI and paper, is triggered when litigation is ‘reasonably foreseeable.’ This creates a subjective assessment of when the duty to preserve arises."