Six Keys to E-Discovery Compliance - Slide 3

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It's a lesson California-based outdoor furniture supplier Creative Pipe had to learn the hard way. After the company allowed opposing counsel to use an untested keyword search tool that unearthed 165 documents of privileged data during the discovery process, the court determined Creative Pipe had waived privilege on those documents because it had not taken care to protect them. In the end, Creative Pipe's opponent was able to use any of those 165 documents as evidence against Creative Pipe.

loraThe Federal Rules of Civil Procedure addressing discovery of electronically stored information, or ESI, have changed the way companies think about information management and litigation holds. Before, they would have been looking through stacks of paper or scrolling through lists of e-mail after the discovery request was made. Now, they must take a more proactive approach and determine how such information should be best managed in order to retrieve it quickly when asked. 
After three years of talking to experts in the field, like Recommind VP Craig Carpenter or InBoxer CEO Roger Matus, our Lora Bentley has gathered quite a few pointers on how to avoid e-discovery pitfalls, and a handful of them have come up several times. For instance, most everyone is quick to remind companies that ESI is more than just e-mail and "documents," and that e-discovery is the intersection of IT and the legal department. Neither group should be expected to tackle these issues alone.

Lora has gathered a lot of resources on the issue here at her blog. It's a great read, and we've boiled it down to six key concepts in this quick slideshow.

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