Case Study
How EMC National Life avoids the high cost and risks involved with legal discovery.
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Keep the wrong email,
and it could cost millions.
Delete the wrong email,
and it could cost millions.
Today, email is just as likely to be requested for legal discovery as paper based records. Searching through your Exchange server, PST files, and backup tapes for email can take an agonizing amount of time. There's no guarantee you'll find what you need. Meanwhile, the productivity of your IT team has been severely impacted, and your whole organization has been put at risk. The process is not only expensive, but completely unnecessary.
Legal discovery? Is five minutes soon enough?
Conducting a legal discovery can take weeks or even months of evenings and weekends searching through a mountain of emails, PST files, and backup tapes. Under FRCP, you may find yourself with as little as 30 days. The cost to your business is staggering. And the thought of missing anything keeps you awake at night.
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How do you know your data is safe and secure?
Evidentiary standards are demanding and precise. If anything is missing, you could risk weakening your own defense, which could lead to a presumption of guilt - and that could cost millions in fines, settlements and damage to your credibility.
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So you've got a retention policy. How do you enforce it?
Establishing a policy is one thing. Then comes the hard part - communicating that policy to everyone in your company. Then comes the even harder part - ensuring that it's being enforced. Consistency is the key. Even with a small army, you couldn't keep track of that many emails, could you?
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Now you can delete everything. Now you can't.
Even the clearest communication policy, strictly enforced, will have exceptions. In the case of litigation, you may need to hold onto your emails for years longer than the policy dictates. With FRCP, mistakes are not an option.
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Get a handle on your smoking guns.
Understanding and assessing your risks requires a thorough knowledge of what's in your company's email archives. Before you decide to settle or fight, you need to know if there are any smoking guns in there.
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Are you handing over privileged communications to the enemy?
When you're handing over information to opposing counsel, how can you be certain that attorney-client privilege is being maintained? You can't risk having confidential information becoming public domain.