IT's Importance in Proper ESI Management

Traditionally, corporations have relied upon the advice of outside counsel to ensure that legally sound procedures were in place to properly identify, preserve, review and prepare corporate data for litigation or an investigation. However, times have changed and these responsibilities no longer rest solely with outside counsel ' if at all. Due to the economic pressures of the past year, the law and technology concerning electronically stored information (“ESI”) have developed at warp speed, allowing corporations to manage their data and litigation response differently. Corporations are increasingly taking more control of the e-discovery process, particularly in the early stage of information management, launching an evolution in the roles IT professionals and corporate attorneys play. Consequently, IT and legal must participate in a carefully choreographed dance in order to respond successfully to ESI requests. This entails developing an ESI strategy (in addition to a document retention policy), while utilizing tightened resources efficiently. Attention must also be paid to emerging technology that mandates routine updates to company policies, while safeguarding sensitive corporate data.