B&L Associates

Sound eDiscovery practices essential to investigations

July 17, 2012

There are many times when eDiscovery is necessary to check business' files, be it for a standard audit or a legal subpoena. These instances call for careful review of necessary information without harming private corporate data that has no relation to the case in question and might cause harm to the business if revealed. Using backup tape management software can make this process much easier, while selecting the correct eDiscovery firm may be more important than ever.

Managing costs

When it comes to sorting through the millions of files a business creates during a regular year, it can be daunting to page going through each bit of information and capture only what is pertinent to an inquiry. That's why organizations often hire eDiscovery firms, as those proficient in the technology use special techniques and software  to only obtain the needed information, nothing more and nothing less.

According to Baseline Magazine, larger organizations and those with unmanaged backup tape could be looking at a much more expensive process than others if not properly prepared with a well-trained team. United Technologies of Connecticut assembled its own in-house eDiscovery unit, along with custom software to perform data searches within its infrastructure, and were able to complete the task in a little over a year. Not all organizations will have that amount of time or resources to handle the inquest, so being prepared with media management beforehand is essential.

A question of fitness

The other issue currently facing eDiscovery use is whether firms supplying this service as a third party are actually legally allowed to do so. According to JD Supra, the District of Columbia Bar of Ethics Committee determined that, if a company is not involving actual attorneys in certain investigative services, they may be breaking the law and operating under false pretenses. For that reason, companies should be even more concerned with monitoring their own backup tape systems and keeping a watchful eye on whom they hire in the future.