Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Evaluating e-Discovery Solutions to Reduce Cost and Risk, and Comply with the FRCP

By Browning E. Marean
April 29, 2008
More than 40 sanctions cases ' resulting in millions of dollars in fines ' have been decided in one year since revisions to the Federal Rules of Civil Procedure ('FRCP') took effect. In contrast, only two have been recorded under the Sarbanes-Oxley Act since it was put into place in 2002. The 2006 changes to the FRCP specifically require that companies ensure all potentially relevant electronically stored information ('ESI') associated with litigation is preserved and protected, with a subset ultimately produced when required. While on the surface this may sound simple, those in the trenches on both sides ' legal and IT ' have war stories to tell of hard lessons learned. Organizations that do not take a comprehensive approach to managing ESI for discovery may fall prey to fines, sanctions and worse.

All too often, failures to preserve and produce ESI occur when organizations rely on error-prone, manual electronic discovery processes. Clearly, a deeper understanding of how to evaluate e-discovery technology solutions is sorely needed. The following is an examination of the most important criteria for evaluating an e-discovery solution that will maximize cost savings, reduce risk and improve business efficiencies for you or your clients.

Demand for e-Discovery Cost Savings

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.