Who pays the piper?
In a recent article, ‘Sanctions Ordered for Failure to Adequately ‘Preserve, Search for, and Collect Potentially Relevant Information’ published by K&L Gates, brings home the real costs and fines that can be incurred during litigation. What is still surprising, 52% of organizations still do not even have an eDiscovery plan.
In the above case, the sanctions against the defendant were necessitated by preservation and collection failures; failure to prevent emails from being deleted, prevent data from being overwritten, identify and preserve back-up tapes, left collection evidence up to employees, and did not document any of its search and collection efforts. As a result, the defendant had to bear the costs of a second 30(b)(6) deposition; forensic examinations and imaging already undertaken; the costs of additional analysis of nine of defendant’s employees’ computers which were used to access plaintiff’s website; bear the costs of imaging of all computers in defendant’s service department; and that defendant pay monetary sanctions equal to plaintiff’s reasonable costs, including attorney’s fees, associated with bringing the present motion.
The fifth building block in the Smart Content Framework™ is Privacy. Litigation or a data breach hopefully are the extreme, but are real risks to the organization. A privacy exposure can be internal or external. The primary problem is not necessarily being unprepared for litigation but a lack of a sound enterprise information governance plan that includes the identification and protection of essentially whatever the organization feels is confidential information
We have several clients who are using our technologies to address unique business situations for information governance and particularly eDiscovery. LDiscovery is a forensics and eDiscovery firm who assists clients needing computer forensics, consulting, eDiscovery processing and early case assessment. The corporate legal department at European Bank for Reconstruction and Development (EBRD) is classifying and searching content from over 50 web sites consisting of over 8 million pages. A Fortune 500 company Litigation Services Practice assists in-house legal counsel and external law firms to produce, store, and access millions of documents in their state-of-the-art document repository system.
A relatively new term, Information Governance that includes the protection of confidential information takes a lot of hard work, planning, and thought to develop a sound plan that actually meets objectives and delivers real business value. If we look at this one case, if Lilly Co. had a process to track, identify, and protect data, what costs could have been eliminated?
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