eDiscovery
Are The Right Elements Motivating Your Records Management?
A recent article by Johannes Scholtes an expert over at AIIM, highlights the factors that dictate proper records management, and that really got us thinking over here at Red Earth Software. How many IT directors are truly considering all the elements and issues that go into proper records management?
Scholtes’ article illustrates issues related to minimizing legal risks and compliance. Legal obligations are major factors. Understanding eDiscovery obligations and regulations are critical for anyone deciding how records management will be handled. Additionally, continuing education and professional development is essential to keep any team responsible for records management abreast of any changes to compliance issues, laws or regulations.
While it is very important to archive and manage records with the possibility of litigation in mind, as Scholtes points out, there needs to be a level of flexibility built into your management system and policy to make room for technological advances and changes in policy.
Scholtes talks about finding “the right mix” of components for your policy and management system. He notes that it is just as important to focus on your storage components, as it is to spotlight the process of your records management.
For us, the takeaway here is that, each company, no matter what size or industry, needs to consider not only how they store records, but why. In the end, our recommendation is that companies utilize the resources available from experts like Scholtes and AIIM to reach their records management goals.
3 Ways To Cut e-Discovery Costs
The process of discovering stored information and presenting it for use during litigation is far from new. However, the exponential growth of electronically stored information in the past few years has given rise to eDiscovery. While the availability of technology may seem to make the process much easier, eDiscovery presents its own challenges. The costs, time and effort needed for discovery responses are ever increasing along with exploding data growth. Yet, there are ways to minimize these costs. Read on to find out how:
Have a Data Map in Place
The first step is to make sure you have implemented a data map. Storage solutions built on top of storage solutions can create a tangled web of an information management system for many companies. Additionally, time is critical in eDiscovery, as a judge will generally set a specific deadline for when data must be presented. This problem can be solved with a data map. Implementing a detailed map of what types of data are stored and where, can allow companies to quickly and easily discover relevant ESI.
Store and Manage Data Centrally
Secondly, storing and managing email and documents centrally can be an effective way to reduce eDiscovery costs. Email is the most common form of ESI produced by companies today. Email archiving solutions can reliably store digital messages that companies may need for litigation. Having the data in a central location will allow companies to quickly retrieve required information, and will allow them to manage the life cycle of their data, avoiding archiving electronic records for longer than necessary. Email and document archiving solutions also allow companies to meet compliance standards, meaning companies can avoid potential penalties.
Use Non-Attorneys When Possible
Finally, utilizing non-attorneys to conduct searches can greatly reduce eDiscovery costs. There’s no question the use of attorneys for eDiscovery can skyrocket costs. Hourly charges quickly eat away at a litigation budget as attorneys perform duties that are sometimes just as easily completed by non-legal employees. Some companies have turned to college-level interns or entry-level employees to search data stores for eDiscovery. However, when doing as such, it’s important the company has adopted an email archiving solution that is role- based (with for instance an auditor role or eDiscovery role) and can be configured to only grant access to areas of data storage that will include information pertinent to a particular case. That will help avoid a data breach that could present costs that trump even those associated with eDiscovery.