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e-Discovery + ESI = e-Challenges
Nemertes Research, Nov 2008, Pages: 8
Organizations today are drowning in electronic information and one of the greatest challenges is e-retention: which information to keep and for how long. Unfortunately, there are few ground rules for e-retention, resulting in a broad spectrum of ways that organizations deal with the issue. Of all the factors that influence e-retention one of the strongest is the need to produce information during a legal action; driven by the Federal Rules of Civil Procedure (FRCP).This issue paper discusses FRCP, the relevant rules for e-discovery and proposes that following information stewardship best provides a good baseline for establishment of both e-discovery and e-retention policies and procedures.
This issue paper begins with a discussion of the unique relationship between e-discovery, e-retention, privacy and the need to include e-retention as a core component of information stewardship best practice. With the relationships defined, the paper next ties in the need to consider compliance and in particular the most onerous compliance regulations as identified in Nemertes’ research. Finally, the paper concludes with 10 best practices that organizations can follow to establish e-retention practices that best support the requirements of e-discovery.
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