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E-discovery Rules Still Causing IT Headaches

January 15, 2008

E-discovery Rules Still Causing IT Headaches

Computerworld, January 7, 2008

Its nothing we haven’t heard / seen before, but companies are still complaining about the e-discovery amendments, describing them as difficult to comply with and confusing. Case in point: Gregg Davis, CIO at Webcor Builders Inc., whose e-discovery frustration stems from his belief that the rules don’t take into account evolving storage technologies.

“The new rules require that electronic data be in its native format,” he said. “This is easy to achieve when it comes to e-mail, which was the provision’s main target. But it gets very murky when it comes to propriety databases and homegrown applications.

Howard Nirken, a partner at Austin law firm DuBois, Bryant & Campbell LLP understands the angst IT staffers are feeling:

“[FRCP] has made their lives incredibly complicated,” Nirken said. IT is now responsible for immediately locating electronic files that “can exist just about anywhere — in networks, in people’s personal computers [or] on any electronic media you can imagine.”

E-discovery isn’t all bad, however, and this article does a nice job calling out the silver lining. Take The Village of Niles, Ill. for example. According to Bill Shaw, MIS director, the amendments played a significant role in the reduction of emails sent inside and outside the city office. Because these emails are subject to legal review, the number of non-business related communication drastically reduced and in turn increased productivity.

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