Strategic Data Retention Introduces Litigation Readiness Solution for Email Systems for New Rules of 12-01-2006
What happened on 12/1/06?
On 12/1/06, the federal government began making it a lot easier (on them) to collect information for prosecuting cases by amending the Federal Rules for Civil Procedures that address the discovery process for electronically stored information, known as ESI. ESI includes emails.
In the past, companies could delay identifying the material until the trial actually started, but now the rules have been changed to shorten the discovery process and have all Electronic Discovery (ED) materials identified and the plan to retrieve them by beginning of trial. In addition, the interval of preparation time for ED coincides with intervals of other traditional discovery material.
Previously, companies used this defense in ED delay because it be 5a8 ing an expensive process to locate and identify the pertinent information. In most cases, this resistance was true, since most companies do not effectively archive or index their emails. Most employees download their emails to their desktop PC and a search would entail retrieving all emails, if they had even been retained. As a result, trials settled either before the material was obtained (usually to the advantage of the defendant) or the recovery time and efforts of the emails were the causes of prolonging the trial.
What do the new rules mean to a company as a defendant?
As of 12/1/06, a company has to be prepared with all of its supporting material, including ED, a lot sooner. The excuse of not knowing where the data is or being too expensive to find, is no longer accepted by the courts, since it has been proven many times that with good processes in place, the material can be obtained in a straightforward manner. ESI has to be clearly identified and then retrievable. The cost of this retrieval can often be very expensive and time consuming without well defined processes and procedures.
Self develop a system or PALS?
Some companies built their own in-house systems for managing the preservation process because commercial alternatives weren't readily available at the time; others are choosing Pro-Active Litigation Support (PALS) from Strategic Data Retention as it became available l 5a8 ate last year (2006).
PALS is based on the best of breed CA Message Manager Technology. This system can be rapidly deployed and leverage existing company IT infrastructure. The system initially targets e-mail, since courts and judges are demanding e-mail in litigation today more than any other form of ESI. E-mail has become the primary means of business communication in the enterprise today. The PALS system will automatically index and archive all e-mail, creating an enterprise e-mail store that is fully indexed and searchable. PALS is a risk management system that can significantly reduce electronic discovery cost and mitigate litigation risks.
PALS Benefit Highlights
End to end litigation support solution
Proven Authenticity
Automated capture of messages
Supports multiple Record retention periods
Automatic life cycle management (Auto Purge)
Full support for legal holds
Legal review capabilities
Production capability (Native or Image)
Reduces litigation costs dramatically
PALS provides the rig 16a0 ht email retention and management solution, ensuring a company’s ability for a strong and complete defense in court.
About Strategic Data Retention
Strategic Data Retention (SDR), www.sdr4.com, is a highly specialized company that provides a solution for archiving all electronic messages for regulatory compliance. SDR offers this solution to customers as a turnkey solution deployed in-house or a comprehensive outsourced solution. Historically, our primary focus has been on the financial services industry in North America, however with the new Federal Rules of Civil procedure this solution is applicable to any industry segment in North America. Our service includes end-to-end support for regulatory and legal electronic discovery. We help create, implement, and enforce policy for electronic message archiving, retention and ediscovery. All electronic messages are stored on a secure, reliable, and scalable infrastructure. Once a message has been archived, it can easily be searched and retrieved from our high performance fixed content storage system. We exclusively use the CA Message Manager software for these services.
Author Information
Arnuad Viviers
Strategic Data Retention
