Is your organization prepared to respond to an e-discovery demand imposed by regulators, civil parties or a competitor?...Only about 1% of organizations are reportedly prepared for full-scale e-discovery activities
The link between information governance, E-Discovery, and litigation support are closely intertwined
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In this phase there is more demand for technology to addresses the specific e-discovery process...Many organizations are implementing this last phase in the development of the e-discovery marketplace in order to realize proper enterprise information management
From a technical or disk-space-saving point of view, it is not difficult to archive emails, but when e-discovery and early case assessment become a reality and deadlines are imposed on your organization, even products from recognized email-archiving leaders can come with serious problems
So when it comes time to perform discovery for a litigation, users must search many different repositories outside the RM infrastructure, making discovery very costly and inefficient
As an example, I was reading a case summary on the Electronic Discovery Law site about the case between Naaco Materials Handling Group, Inc. v. Lilly Co. titled “Sanctions Ordered for Failure to Adequately Preserve, Search for, and Collect Potentially Relevant Information” , where it seems there was a failure to initiate a process related to discovery and litigation hold. When the complaint was issued – the trigger for the litigation hold and discovery to begin – a process should have been in place to properly address the complaint requirements
” These are still very real issues that are surfacing even more rapidly as legislation and regulatory changes take hold, discovery challenges are presented in times of litigation and audit and the explosion of content filling corporate digital landfills makes delivery of the right information to the right people at the right time a monumental task
In addition, in today's world, a retention policy must adequately manage electronic discovery demands...This is a vital difference between paper data and electronic data for purposes of e-discovery in litigation
In 2009, we seemed to be among few pioneers of the movement to bring electronic discovery in-house
1 Comment - 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
Improving investigative capabilities to effectively source information across an enterprise will ensure it is protected against costly reactions to discovery requests within court-imposed timelines, potentially saving millions on legal fees