How will eDiscovery affect companies?
The amendments to FRCP have effectively thrown together IT and legal departments as strange bedfellows in the search for compliancy solutions. While other pockets of a company (HR, accounting, special compliancy groups) are genuinely affected, it is the legal and IT departments that must join hands to protect the company from fines or sanctions. The insistence of Rule 26(f) that parties meet early on to discuss relevant issues regarding discoverable information, not only makes every litigious action a potential eDiscovery case, but puts the onus on general counsel to fully understand and be able to articulate the company’s policy regarding their electronically stored information systems. IT and legal must speak the same language to have a shared understanding of what data is stored, where it is stored, and for how long. Read More …
