7 Reasons for You to Worry About eMail eDiscovery

03 July 2015 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

eDiscovery is the monster that ate Cleveland and email is the most significant volume of ESI in eDiscovery, and IDC “estimates that as much as 60% of this business-critical information is stored in email and other electronic messaging tools” and as result “email archives as they not only work to protect organizations from compliance and litigation risk.”  Commvault recently issued a report entitled “7 Reasons to Worry About Your Current Email Archiving Strategy” which includes these comments about #6 “You Can’t Discover Data Quickly”:

Discovery costs for litigation and compliance events can be exorbitant, especially if your legacy archive solution doesn’t support intuitive search functionality. Given that over 55 percent of organizations have been ordered by a court or regulatory body to produce email, the cost of eDiscovery is likely to hit your organization.

To best assure compliance and eDiscovery, you must

1) be certain you’ve archived all pertinent information;

2) assure that you’ve used defensible deletion best practices for the content you no longer retain;

3) be ready to quickly and easily search enterprise-wide to discover all needed Electronically Stored Information (ESI) in a comprehensive and documented way.

Here’s a list of all 7 Reasons:

  1. You’re Collecting and Storing Everything.
  2. You’re Keeping It All Forever.
  3. You Can’t Control Your PSTs.
  4. Your Archive Isn’t Cloud-Ready.
  5. Your Employees Can’t Access Content Themselves.
  6. You Can’t Discover Data Quickly.
  7. You’re Not Leveraging the Value in Your Archived Data.

Good advice to every litigant, but the Report is not only directed at eDiscovery but also “insight that can transform business productivity.”

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.


Related Services