Even eDiscovery Vendors can Suffer eDiscovery Woes!

It is surprising to see vendors in the search and eDiscovery space struggle with their own litigations! Guidance, in particular, has been having a rather unfortunate recent past, the latest blow coming from a wrongful termination lawsuit filed by an ex-employee. Guidance lost the case as a result of being unable to produce the required data for the lawsuit - relevant emails.

Without going into the details of the case, let’s objectively discuss what went wrong - it really boils down to one thing: the inability of Guidance to discover and produce ALL relevant data pertaining to the case. The takeaway for corporations and law firms must be the fact that simple searches and lack of enterprise-wide reach into all data can be disastrous to defensibility. End-to-End eDiscovery capabilities such as those provided by Kazeon are needed for all corporations to achieve defensible, accurate and transparent eDiscovery.

A corporation that wants an in-house solution for their eDiscovery challenges should be looking at an End-to-End eDiscovery solution, such as Kazeon’s, with the ability to perform all aspects of eDiscovery namely identification, collection, processing, preservation, analysis, review and legal hold. Buying point products that solve one or two aspects of eDiscovery will lead a corporation down an expensive and unsatisfactory path to solving their litigation support needs.

Ediscovery – A Necessity for Organizational Legal Groups

Most organizations are constantly challenged in the legal front, making the usage of electronic discovery tools a necessity for them. When an organization is implicated in a law suit it becomes necessary to carry the relevant information and evidences needed to clear the accusations. Or, alternatively, it might require evidences to show that they have been wrongfully evaluated by some other party. Also, a legal hold situation may require data that needs to be protected for a very long period of time. It’s at this juncture, that the organization depends on its defensive capability, i.e. the e-discovery system.

A powerful and dynamic ediscovery suite can meet the organization’s need for a highly secure repository system. These systems can place a lock on any potential material information, wherever it resides on the network, and modify file permissions so that the file cannot be moved or deleted except by the legal hold owner. Overall, it mitigates legal risk in the maximum possible manner and saves a lot of unwarranted expenditure by reducing the time taken to solve a legal case.

Gain Enterprise Data Visibility through Data Assessment Services

Are you concerned about how well you can implement a new ediscovery system into your existing set up? Many organizations face similar problems when dealing with huge amounts of data and their repositories. When the existing set up of an organization is assessed, there will be better clarity and understanding on the individual operating scenario and the way data is being accumulated in each area. Also, it helps in better planning and track-back for any operation/process. 

An organization has to initiate this data assessment activity, starting with the most sensitive data that’s stored in its repositories. Non-public information along with its data usage, quality and value needs to be segregated first. This task involves steps such as scanning data repositories, running reports, collation of data and presenting the final report. Using an assessment tool that can perform all these operations can lessen work load for the IT group and also complete the task at a fast pace. This task can help in legal discovery scenarios by providing the much needed vital evidences at the right time.

Exchange Connectors to Sort Email ESI

While the need for e-discovery is being spelt everywhere, there’s an important component of the system that plays a vital role in actively storing emails. Most discovery systems provide an information server feature that helps in providing a proactive eDiscovery-ready environment.

By implementing these connectors, the organization can save up to 90% on ediscovery labor and processing costs. Also, it helps sort specific mail boxes and folders using efficient indexing of servers (which serves the legal discovery arena too). EDiscovery plays a major role in early case assessments that helps accelerate legal reviews. Elimination of duplicate and irrelevant emails and attachments is one of the best uses of these connectors. In a way they also help comply with FRCP guidelines thereby reducing the exposure to risk and fines.

Protect Enterprise Data Integrity through Ediscovery Tools

While the need for e-discovery is being spelt everywhere, there’s an important component of the system that plays a vital role in actively storing emails. Most discovery systems provide an information server feature that helps in providing a proactive eDiscovery-ready environment.

By implementing these connectors, the organization can save up to 90% on ediscovery labor and processing costs. Also, it helps sort specific mail boxes and folders using efficient indexing of servers (which serves the legal discovery arena too). EDiscovery plays a major role in early case assessments that helps accelerate legal reviews. Elimination of duplicate and irrelevant emails and attachments is one of the best uses of these connectors. In a way they also help comply with FRCP guidelines thereby reducing the exposure to risk and fines.

Risk Management with eDiscovery and Internal Data Assessment

Every organization has to, at some point of time analyze its SWOT to understand how well it can handle external and internal factors that may cause substantial impact to its well-being. Potential risk assessment and mitigation plans are a part of every organizational risk management activity. Information stored in file systems is also a potential risk to the organization since businesses carry sensitive customer and sales data. It is the repeated usage of this data, authorized to any employee, which causes it to be at a potential risk of unintentional leakage or theft.

Sensitive data assessment is now part of the many services that are provided by some organizational groups who can identify files containing non-public and personal information. Consultants who conduct such assessments provide expert reports on data availability, their source points and statistics pertaining to SSN, credit card information, client data etc. Employing electronic discovery systems can provide secure networks and provisions for legal discovery cases also.

Manage Lawsuits with eDiscovery Solutions

Being implicated in a lawsuit and responding to various legal requirements can take a toll on the internal legal groups. Electronically stored information can be stored in many locations and trying to find the appropriate data for legal requirements can be a tedious and time-consuming job. Moreover, most of the organizations are faced with multiple law suits that prevent them from working towards organizational growth. Investments that are to be directed towards organizational development and R&D may need to be diverted to lawsuits management. And there’ll always be a rise in the data that gets generated as part of internal or external communication.

To proactively react to legal requirements and also effectively manage enterprise data it is imperative to go for ediscovery solutions that can not only retrieve accurate data, but also provide cost-effective solutions to the organization. Legal hold situations can be efficiently handled using these e-discovery systems. Most e discovery solutions also include corporate governance and internal investigation packages.

Ediscovery to Actively Manage Legal Hold Issues

Most lawsuits take many years to wind up making it imperative for the management to store and protect legal evidences (that are basically enterprise information) for future use. Organizations need to use software that has the ability to create a set of related legal hold tags to capture the whole context of the legal hold process.

E-discovery is a boon to all those enterprises that are constantly faced with legal challenges and to a number of smaller companies who are starting out on their own. Also, ediscovery allows varying flexibility on scope of the internal legal hold process versus the strategy and the exposure shown to the opposing counsel. Overall it has the ability to manage sudden notifications and actively manage any legal hold situations.

Protecting your Legal Evidences – the eDiscovery Way

There has been repeated tampering of legal evidences by either one of the parties that causes havoc to the case as a whole and delays judgment to the rightful defendant. This has resulted in an acute need for ediscovery installations like never before. Electronic discovery is capable of reacting to time-sensitive events while simultaneously providing a long-term, proactive eDiscovery solution for future requirements.

It also aids in legal discovery by conducting enterprise-wide search for files and email on desktops and laptops in the datacenter and remote offices. They do not hinder operational performance and are now available in scalable packages that support small companies to large enterprises. These systems all cater to industry compliance requirements and internal centralized data management services.

Protecting your Email Servers

Legal hold situations, internal investigations, regular audits and internal data requests are some reasons why an organization must secure its enterprise information. It has been observed in many studies that email contains 75% of the organization’s vital data. So, it becomes mandatory to classify and store emails according to its use and importance level. Traditional e-discovery methods that are manually operated cannot be applicable to storing and retrieving emails.

What’s required is an information server that can identify and collect emails from all exchange servers, preserve responsive emails and attachments to compliant storage repositories and also delete/cull duplicate/irrelevant emails by custodian, domain and date range. It should be capable of running reports and conducting searches based on extracted email header information. Advanced options like review, tagging, downloading and export options can make it a proactively usable ediscovery system that can enhance data value of enterprise information, with emails in particular.