Electronic discovery is a firm's obligation to produce all of the documents or information in its possession--including documents that exist only in electronic form--in the event of initiated or threatened litigation. It is important to recognize that in today's business climate, litigation is not always a last-resort. Increasingly, it is becoming an active strategy of the business and is being critically assessed, based on its potential to generate a positive return on investment. In-house counsel should play an important role in information access and management. Managing the content of information should not be ignored. Pay attention to the content of the information being protected. Failure to do so can expose the company to substantial litigation risk. A systematic campaign of education and compliance monitoring is a fundamental element of effective corporate policy around information management. Finally, litigation needs can present a fundamental departure from otherwise highly effective information strategies. Don't try to generate a one-size-fits-all strategy to accommodate the often unique demands presented by litigation. Give proactive consideration to potential litigation when developing information processes.
Learn more about e-discovery and the CIO:
- read the article at CIO Canada
ALSO:
- read this on dealing with e-discovery
- and this on heading lawsuits off at the pass
