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E-discovery nightmare: Does your company know how to respond?”

May 20, 2008

E-discovery nightmare: Does your company know how to respond?

Wisconsin Technology Network, May 13, 2008

Ever since the amendments were made to the Federal Rules of Civil Procedure, it has become common for companies to find themselves knee deep in e-discovery trouble. With that said, it’s critical that leaders prepare themselves for the inevitable and develop an action plan for the day they’re hit with a security breach. Take a look at the summaries below for an idea of what some experts believe are important, but be sure to refer to the full article for details.

Elements of a plan – According to attorney Erik Phelps, a partner in the law firm Michael Best & Friedrich, any and all security concerns should be funneled to one team of individuals. With legal counsel, one should also decide just how much control that particular incident-response group should have.

Forensically speaking – According to Phelps, it’s always a good idea for companies to familiarize themselves with forensic companies, those of which can provide advice and strategic counsel in a time of need.

Making amends – Should a security breach occur, it’s important for the company involved to maintain a healthy relationship with the customer who has been impacted. Taking it one step further, companies should also review its business processes and determine where and how the wrongdoing occurred. If it’s avoidable, then action should be taken in order to prevent it from occurring again in the future.

Prevention and retention – Understanding and adhering to date retention policies is also important in the e-discovery process. Failing to do so, for whatever reason, can lead to expensive lawsuits and a burned reputation.

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