When it comes to electronic discovery – the process of producing digital information as part of a legal matter – ignorance is no longer bliss. The massive volume of enterprise data located in file systems, applications, pre-primary storage and archives can be discoverable at any time.
Recent amendments to the US Federal Rules of Civil Procedure (FRCP) underscore the increasing number of legal matters that involve electronically-stored information. Organisations will need to alter their discovery processes to rely more on IT as information needs to be located and, in some cases, restored before it is reviewed. An overarching theme in the FRCP changes is the need for organisations, and especially their general counsel, to know what information they have and where it is. This insight can prove invaluable as parties negotiate conditions of discovery and prepare strategies in support of litigation.
