Court Case Preparation Time Cut In Half By Technology

Corralled by various interpretations of what constitutes electronically stored information

(ESI) corporations have differing approaches to supporting court-conducted investigations. Further limiting the process is the presence of data in paper format. The deployment of e-discovery software can be curtailed by what is considered legal access of ESI as well as the accuracy in scanning hard-copy documents.

The sophistication level of information governance has yet to mature, but corporate safeguards are continually implemented and enhanced to ensure unintended data leakages do not occur. These walls are effective when protecting files on a server, but due to the open structure of email, confidential information can be passed outside corporate walls without restrictions.

In pending litigation, corporations have an obligation to divulge most data that is preserved in email and on servers, both in-house and cloud-hosted. However, there is a dispute over electronic discovery conducted on data that is over 15 years old. In some states there is a statute of limitations that nullifies information that is outdated.

Corporate obligations during a court investigation extend in a preservative direction as well. If undergoing litigation, a company may not willfully spoil or destroy relevant documents electronic or hardcopy, and must voluntarily disclose or make available the pertinent data.

What makes e-discovery software so powerful is that it can penetrate beyond firewalls and out to cloud-based servers, given proper permissions. While this sounds invasive, it is actually a great benefit to large corporations who are building a defense case and need to summon as much supporting evidence as possible.

Participants in international cases can reach materials that reside on servers throughout the world. Without having to leave the building, specially trained administrators can secure data that is housed at the corporate level in different states and countries. While preparations for a court case progress corporate authorities can make data available to the e-discovery team to build applicable information.

Having software that can sift through gigabytes of data to search for keywords, phrases, and other indicators is far less expensive than deploying an entire team to do the same task. In the past, the human eye was the only tool in pulling documents that could be used in a case. Now, while the human eye is still important in validating what the computer exposes in its search, it plays a minor and less expensive role.

Preparing a defensible investigation that is cost-effective is made possible by e-discovery software. Due to changing technology and corporate methods for saving data, teams preparing for a court case now have effective strategies that save time and money.

by: cathyhiycks

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