InfoStor - Are you ready for Dec. 1 e-discovery amendments?: "On December 1, e-discovery amendments to the Federal Rules of Civil Procedure (Civil Rule 5) will take effect. Fortunately, a number of vendors have solutions that can help organizations prepare to respond to lawsuits.
Here's a quick look at the amendments and a few of the related solutions:
Rules 26 and 34 state that a pre-meeting must occur between the companies involved in the lawsuit—not just between the lawyers, but also between the IT departments. Each of the companies must represent where data is stored and how it is stored, and the technology in place to provide access to that information.
Rule 34 also requires that organizations deliver the content in the format the requestor defines. Typically, the default is the native format, because it often contains hidden metadata that is erased when files convert to formats such as PDF.
Rule 37 codifies the standards around legal hold. When a lawsuit is ongoing, a company must stop destroying all information related to the case, regardless of its own systematic destruction policies. Many companies have automated systems to delete old e-mails or files, which could also delete evidence.
A recent survey conducted by the Enterprise Strategy Group (ESG) found that 45% of respondents have found that retrievi"
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Investigation News > Electronic Data Discovery
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