Newly Released BlackStone Discovery White Paper: IS E-MAIL DEAD?

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The Preponderance of Instant Messaging in the Workplace and its Inevitable Effect on eDiscovery

Information. Innovation. Impact.

Without instituting a proactive plan immediately, companies run the risk of being required to produce potentially compromising information over which they had no control and of which they were unaware.

Instant communication has afforded the modern day employee many things, such as the ability to share ideas and information in real-time. What was once reserved for personal communications, is now being used across all industries as both a supplement and replacement for the more formal e-mail. As a result, counsel must be especially cognizant of the changing landscape, as the slow replacement of e-mail with instant communications indicates coming changes in e-discovery law that threaten to catch everyone by surprise. The bottom line is: What are our legal responsibilities from an e-discovery standpoint in regard to instant communications?

The white paper, “IS E-MAIL DEAD? The Preponderance of Instant messaging in the Workplace and its Inevitable Effect on eDiscovery” highlights potential risks associated with instant communications:

  • Lack of Control of an Organization’s Communications
  • Threat of Discovery
  • Privilege Communication via Instant Messaging
  • Security Breach of Sensitive Communications on Third Party Platform

“If you are counsel or corporate management, the idea that information is being created and not controlled has to be a frightening proposition. How much scarier, then, would it be to find out that it is already happening as you read this?”

“As data gets strewn across more and more platforms and resources, being able to track and preserve it becomes more difficult. This is especially problematic when employees are creating data via third‐party software. The ideal solution is the implementation of front‐end Information Governance, or “IG.” IG will allow an organization to not only audit and track the information that is currently being generated, but it will also allow for the company to track information created in the past and bring it under the umbrella of their corporate ESI policy. Going forward thereafter, any new tool used to communicate, store, or create information can be mapped to the organization’s network.”

Access your complimentary copy of the white paper through BlackStone Discovery's Resource page.

About BlackStone Discovery

BlackStone Discovery is a leading provider of Information Governance, Forensic and eDiscovery services for Am Law 100 and Fortune 500 companies. BlackStone's service offerings span the entire EDRM including Enterprise Discovery Protocols (EDP), forensic imaging, investigations, Early Data Analysis (EDA), native file processing, technology assisted review, hosting solutions, and attorney document review, production and litigation readiness . Leveraging industry leading technology and employing a quick start and adaptable approach known as The Rapid Response Methodology "RRM", BlackStone Discovery delivers the most cost effective and defensible solution.

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Shaun Sullivan
BlackStone Discovery
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