Osterman Research Publishes White Paper on Key E-Discovery Issues That All Organizations Must Consider in 2011

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Every Organization Should Take a Proactive Stance Toward E-discovery, Addressing The Issue Long Before a Legal Action Begins, With a Particular Emphasis on Long-Term Retention of Content

Osterman Research has just published Key E-Discovery Issues to Consider in 2011, an in-depth white paper focused on the critical factors that every organization should consider with regard to e-discovery. The white paper was sponsored by Dell, EMC, Metalogix, Mimecast and Symantec.cloud. It includes numerous examples of legal cases highlighting the importance of good e-discovery practices.

Proper e-discovery practices include a number of elements, including corporate policies focused on retention and deletion of business-critical data, technologies that will adequately preserve this content for as long as required, practices and technologies that will place a hold on data when required, capabilities that will determine where all relevant data is stored, and technologies that will produce needed data in a timely fashion.

However, poor e-discovery practices, as well as inadequate technologies to support it, can drive up labor, legal and other costs. Further, inadequate e-discovery can prevent decision makers from fully understanding their legal position at the beginning of a lawsuit, resulting in poor and ill-informed decisions about how to proceed in particular cases.

Further complicating the problem is that inadequate archiving and data retention practices that create an inability to adequately preserve and/or collect required information – which can then lead to an inability to conduct proper e-discovery – can result in court-imposed sanctions, adverse inference instructions, charges of spoliation of evidence and other negative consequences.

"Good e-discovery, as well as technologies like archiving that support it, can provide a number of benefits to an organization", said Michael Osterman, principal of Osterman Research and author of this report. "These benefits include avoidance of litigation, faster response to legal actions, the ability to create better corporate policies, assistance in complying with regulatory obligations, brand protection, and overall defense of corporate reputation."

Key E-Discovery Issues to Consider in 2011 is available for immediate download at http://www.ostermanresearch.com/whitepapers/download138.htm.

For more information, please contact Michael Osterman at the venues noted above.

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