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E-Discovery: When Legal Trouble Hits, the Delete Button Will Not Protect You

July 1, 2008

E-Discovery: When Legal Trouble Hits, the Delete Button Will Not Protect You

WWJ, June 25, 2008

Even if a company has all its corporate e-discovery rules and guidelines in place, a portion of its fate lies in the hands of employees. With all the forms of electronic communication employees engage in, there’s an overwhelming amount of evidence out there that needs to be properly managed. The best way to make sure all that data is safe and appropriately archived is to follow strictly your retention policies and keep in mind the author’s suggested steps, intended to help you survive the e-discovery process.

    • Don’t destroy documents if you’re facing a lawsuit

    • Develop a document retention and management policy

    • Protect sensitive information

    • Know the law

    • Provide training

    • Enlist the help of the IT department

    • Penalize violators

    • Consult an attorney

We would add one more tip for anyone looking to implement a truly effective e-discovery plan – make sure that electronic records are properly authenticated so that they can be admitted into evidence.

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