There have been some interesting developments in the world of E-Discovery tied to many of the same privacy protection laws and regulations changing the game in records and information management. To get a better understanding of how these regulations are affecting cross-border Discovery, we connected with our friends at the Association of Certified E-Discovery Specialists (ACEDS). Please enjoy this guest post by Mike Quartararo, President of ACEDS. Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other countries, however, it raises thorny legal and practical issues. ACEDS recently conducted a webinar on this topic entitled “Now What? Cross-Border and International Discovery Post-Schrems II” with Bryant Isbell from Baker & McKenzie and Eric Mandel from Driven.
My role as the Director of Litigation Support and Records Management at the A&E Television Network is to get the word on records management out into the actual company so that everyone can start using those actual principles. At A&E, we have a tremendous amount of data that we are trying to go through. We are trying to reduce the scope of actual discovery and not expose ourselves to litigation risk.
Making an ECM implementation successful requires planning and attention to detail. The best way to create the right solution is to identify organizational goals and priorities. Learn how to manage a successful implementation in our free guide.
As information professionals involved in the eDiscovery process, you are required to work with legal counsel and produce electronic information for use in civil litigation. A major part of this process is searching for and finding all relevant documents, and content related to the case. The operative word here being finding, and that includes audio files, video, files and even emails. So where do you begin your search and where do you look to find it all? What process is in place and what steps will you take to ensure you have found everything? Do you search your network servers, individual PCs, Smartphones, PDAs and removable storage devices like thumb drives or is it all of the above?
Have a well defined and detailed calculated business case. Organizations are facing various challenges to take back control and unlock the business value of content, especially in emails. Four challenges drive the business case for email management: Archive email and content for storage space management to reduce operational costs introduced by the increasing volume and size of emails and multiple formats of content types Manage email and content for legal obligations to comply with different rules and regulations which create duties of evidence and documentation, facilitate eDiscovery, or indicate supervision and monitoring for non-compliance Combine email and content to other loosely managed content to minimize risks caused by increased organizational scale and complexity, changed speed and style of communication, lost knowledge. Manage email and content to gain efficiency. Associate email and content to processes and business applications to accelerate business processes