Pro-active Electronic Discovery Compliance (E-Discovery)
Make sure you are prepared for E-Discovery before a lawsuit is filed. A great article by Jennifer Spencer (Baseline) highlights the need for a well-organized records management program.
Federal laws require that organizations produce all paper and electronic documents and data for trial, and the court can inflict sanctions if relevant documents have not been preserved or produced in discovery. E-Discovery can be carried out on a network, via the web, or from a physical computer and includes text, images, audio files, calendar files, databases, spreadsheets, animation, computer programs, and websites. Malware (including viruses, spyware, adware, and Trojans) can be secured and investigated as well. E-mail is especially valuable as users tend to be less careful in what information they disclose than they are with hard copy correspondence.
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