Saturday, March 10, 2012

E-discovery in the cloud? Not so easy



http://ow.ly/9zABS

An article by Tam Harber posted on the itworld.com website.

This article discusses the impact that computing has on eDiscovery.

The article states, "Many lawyers and IT staff "just assume if they put data in the cloud it's going to be at their fingertips, that it's inherently discoverable," says Barry Murphy, co-founder and principal analyst at eDJ Group Inc., a consulting firm specializing in e-discovery. "That's not necessarily the case."


The cloud has dramatically expanded the number of places where electronically stored information (ESI) can live. Under the Federal Rules of Civil Procedure (pdf), a party to litigation is expected to preserve and be able to produce ESI that is in its "possession, custody or control."

With cloud, those duties are split -- the ESI may not technically be in your possession anymore, and yet it's presumably under your control, says James M. Kunick, principal and chair of intellectual property and technology practice at law firm Much Shelist P.C."

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