E-Discovery, Data Archiving Compliance, and Best Practices October 26, 2007
Posted by mukundmohan in EDI, Technology.Tags: data integration, e-discovery, electronic records, FRCP, IT compliance, recovery management
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Effective December 1, 2006, the Federal Rules of Civil Procedure (FRCP) were amended in a way that significantly alters an enterprise’s litigation risks with regard to electronically stored information. The Federal Rules of Civil Procedure are used by U.S. District Courts to govern civil suits.
Electronically stored information (EIS) includes data, metadata, e-mails, text messaging, web sites and any other data and/or electronic information stored or created.
In a lawsuit, discovery is the pre-trial phase where documents and evidence are requested and produced by other parties.
The FRCP amendments created more stringent guidelines by creating a specific category naming emails and instant messages as likely records to be archived and produced during discovery when relevant. Additionally, e-discovery compliance requires that electronic records be produced in a timely manner.
This puts additional burden on IT departments to apply appropriate document archiving and retrieval technologies while creating processes to store, index, classify, protect and retrieve electronic data.
Aberdeen Group is in the process of creating a research study about a Best-in-Class message archiving and e-mail discovery program. It includes compliance for key business processes, information technologies to implement and manage the process, and data integration and recovery management practices.
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Thank you for passing along the Aberdeen Group research and tools for addressing this watershed event in the future of litigation.
Jeff
Jeffrey A. Franklin, Esq.
Ryan, Russell, Ogden & Seltzer P.C.
1150 Berkshire Blvd., Suite 210
Wyomissing, PA 19610-1208
PH: 610-372-4761
FAX: 610-372-4177
JFranklin@RyanRussell.com
http://www.RyanRussell.com