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E-discovery: Take action with information
Managing stored data means being able to find what you need when you need it.
IN APRIL, I introduced the concept of Intelligent Information Management (see "Turn data into intelligent information,"
|E-discovery touches all market sectors|
I'm not an attorney (and I don't aspire to be one), but I'm fascinated with the methodical transition the legal industry is undergoing as pertinent evidence is frequently extracted from digital sources, including storage media. Recently, Enterprise Strategy Group (ESG) asked approximately 500 IT professionals and records managers about the impact of e-discovery. Forty-two percent of respondents' organizations had experienced an electronic evidence discovery event.
E-mail, productivity files, databases and many other forms of digital content are now treasure chests of discoverable information that may be subpoenaed at any time. High-profile cases like Enron, ImClone (Martha Stewart) and Zubulake v. UBS Warburg were centered on e-mail communications. However, other electronic information, such as data from financial reporting applications, medical records, student transcripts and even multimedia files may also be requested by opposing counsel or courts. And while it might have received the most attention recently, the financial services industry isn't the only sector subject to electronic evidence inquiries. The graph "E-discovery touches all market sectors" is taken from recent ESG research, and it clearly demonstrates how financial services companies are far from alone when it comes to being subjected to e-discovery events.
Similar to the way companies maintain compliance with information privacy and records-retention regulations, organizations should combine people, processes and technology to define repeatable steps to prepare for and respond to e-discovery requests.
But before sinking a lot of cash into a ton of technology products, companies need to bridge the gap between the legal and IT departments. If you're in a litigious industry or may be involved in several ongoing legal matters, these two groups will be spending more and more time together. Whether it's hiring an attorney with knowledge of IT systems or educating IT resources on the intricacies of chain-of-custody and legal hold requirements, an organization must cross-pollinate these groups with knowledge of e-discovery mandates.
After ensuring that the right people in the organization are working together, it's time to define processes and policies to expedite the discovery of information. These procedures must begin with information-retention programs (what data to save, where to keep it and how long to hold onto it) and conclude with the review and preparation of files as evidence for opposing counsel or trial.
With the right people and processes in place, a company can then procure the appropriate technology to support e-discovery events. There's no shortage of available software to address the retention of files and other data for specified time periods. E-mail, database and file-system classification and archiving software products can facilitate the preservation and quarantining of potential evidence. Sophisticated search software, including natural language processing and content analytics solutions, enable attorneys to locate relevant data faster. Lastly, litigation support software helps attorneys redact privileged information and further prepare data to be presented to the court.
This was first published in June 2006