eDiscovery Best Practices in SharePoint Server 2013 and Office 365 "From the Consulting Trenches" Not only do records stored on users devices and in SharePoint become relevant in legal and compliance related cases and incidents, but emails as well as even Lync conversations also fall into eDiscovery requests more and more every day. The new eDiscovery features and functionality in SharePoint Server 2013 and Office 365's SharePoint Online provides improved methods to help protect your organization as well as its team members
But, if your organization is involved in a large scale eDiscovery process as a result of a civil matter, or even worse, as part of a regulatory audit, then you have little choice: you have to initiate the (high-cost) process in order to avoid even more costly penalties and sanctions down the road
What we have seen in many cases is that the bill one can expect to receive for the legal review from an external law firm is often proportional with the amount of documents that are handed over in an eDiscovery process
Bringing eDiscovery in-house is the way to go...In February 2009, I lead a LegalTech New York educational track titled, “Bringing eDiscovery In-House”
1 Comment - Costs and risks are implicit, accounted for in the IGRM. How the Information Governance Reference Model (IGRM) Complements ARMA International’s Generally Accepted Recordkeeping Principles (GARP®) Also related to this topic, this ABA article describes how an organization’s team of in-house attorneys, lead outside counsel, RIM, and IT professionals can be instrumental in guiding discussions with business management to achieve better eDiscovery by implementing a unified Information Governance (IG) program. Better E-Discovery: Unified Governance and the IGRM American Bar Association, Section of Litigation, Technology for the Litigator, June 11, 2012 Authors: Marcus Ledergerber, Matthew Knouff Fundamentally, information governance is a business process. In order to lower risks and achieve greater efficiencies through process improvement, electronic discovery will increasingly become tightly integrated with an organization’s information governance policy, procedures, and infrastructure
In today’s evolving workplace each department or ‘business unit’ is treated as its own individual business, with its own cost centre, overheads and profit targets
In short, many of them lack some of the functionality that is required to make the collection process defensible on court. The following are just a few examples of best practices [as defined by organizations such as EDRM (www.edrm.net) and the Sedona Conference (http://www.thesedonaconference.org/)] which cannot be achieved by many of the non-specialized enterprise search tools. 1. In order to make in-house eDiscovery defensible in court, one must prove that the file has not been modified since it was collected from a particular location
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