Strategic Data Retention Introduces Litigation Readiness Solution for Email Systems for New Rules

Is it a mad-scramble fire drill with potentially incomplete results, taking many resources normally focused on the profitability of the company? Or is it a systematic approach in retrieving all related emails from across the entire mail system in a calm and organized manner? Strategic Data Retention (SDR), www.sdr4.com, provides a turnkey solution to ensure composure.

What happened on 12/1/06?

On 12/1/06, the federal government began making it a lot easier (on them) to collect information for prosecuting cases by amending the Federal Rules for Civil Procedures that address the discovery process for electronically stored information, known as ESI. ESI includes emails.

In the past, companies could delay identifying the material until the trial actually started, but now the rules have been changed to shorten the discovery process and have all Electronic Discovery (ED) materials identified and the plan to retrieve them by beginning of trial. In addition, the interval of preparation time for ED coincides with intervals of other traditional discovery material.

Previously, companies used this defense in ED delay because it being an expensive process to locate and identify the pertinent information. In most cases, this resistance was true, since most companies do not effectively archive or index their emails. Most employees download their emails to their desktop PC and a search would entail retrieving all emails, if they had even been retained. As a result, trials settled either before the material was obtained (usually to the advantage of the defendant) or the recovery time and efforts of the emails were the causes of prolonging the trial.

What do the new rules mean to a company as a defendant?

As of 12/1/06, a company has to be prepared with all of its supporting material, including ED, a lot sooner. The excuse of not knowing where the data is or being too expensive to find, is no longer accepted by the courts, since it has been proven many times that with good processes in place, the material can be obtained in a straightforward manner. ESI has to be clearly identified and then retrievable. The cost of this retrieval can often be very expensive and time consuming without well defined processes and procedures.

Self develop a system or PALS?

Some companies built their own in-house systems for managing the preservation process because commercial alternatives weren't readily available at the time; others are choosing Pro-Active Litigation Support (PALS) from Strategic Data Retention as it became available late last year (2006).