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Businesses Generally Ignoring E-Discovery Rules

January 2, 2008

Businesses Generally Ignoring E-Discovery Rules

eWeek, December 17, 2007

According to a survey conducted by Osterman Research, 53 percent of companies lack a policy to govern e-mail retention and deletion, 67 percent allow individual end users to determine how long messages are kept by the company and 66 percent do not have the e-mail archiving technology required to manage e-mail retention, litigation holds and e-discovery.

In attempt to explain these numbers, Michael Osterman said, “I don’t think it’s difficult to understand the [FRCP] rules. Or that business owners don’t know about them. I just think that it sometimes takes ‘headline shock’ to make people move on some things—especially when we’re talking about ‘potential’ liabilities.”

“In other words,” he added, “if it hasn’t happened to them yet, it hasn’t happened.”

Michael’s sentiment here rings true. We’ve seen countless organizations in the news that did not prepare for e-discovery and later suffered the consequences.

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