E-discovery is becoming much more important in the context of civil litigation – for example, roughly three out of four discovery orders today require email to be produced as part of the discovery process. E-discovery today represents 35% of the total cost of litigation, and companies that fail to produce emails in a timely or appropriate manner face the risk of paying significant sanctions and fines, not to mention loss of corporate reputation, lost revenue and embarrassment. All businesses, regardless of size, face the same challenges.
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Knowing e-discovery is inevitable, I argue an enterprise can use technology proactively to make its e-records more benign. It can broadcast intent to be lawful and a request that adversaries come forward as early as possible. What do you think? --Ben
September 12, 2008 at 3:14 PMhttp://hack-igations.blogspot.com/2008/05/nix-smoking-gun-e-discovery.html
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