Electronic Discovery Issues & Considerations
Make Electronic Discovery A High Priority
Electronic information plays an important role in litigation and regulatory proceedings. As a result, top management find themselves in a balancing act between productive paperless business practices and precautionary legal measures, faced not only with company legal issues, but complex technology issues as well. The time to lessen the problems related to retaining, retrieving and producing electronic documents and records is before a litigation need arises.
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Considerations For Data Management
Electronic information should be retained if a reasonable probability exists that it will be needed at some point to defend a legitimate business action or if the consequences of not having the information for discovery would be substantial. Having a retention strategy may be one of the most effective ways to address the preservation, retrieval and production of diverse digital content in response to legal action and to prevent some electronic information from inadvertently benefiting the opposing party.
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Email Is Potent Evidence
Email deserves special attention as it has quickly become the information of choice for many types of lawsuits, from harassment to intellectual property disputes. Ease of use and the casual nature with which some users approach email often combine to create significant problems for a company.
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Minimize Spoliation Problems
One of the foremost problems with preserving electronic documents is finding them. For the most part, data management systems are developed to satisfy the daily business practices of a company, not to accommodate discovery needs. There are two ways to approach data preservation. One is based on an immediate need to preserve responsive electronic data when a lawsuit is anticipated or filed.
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Develop Written Data Management Policies
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Using Computer Experts For Discovery
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