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Symantec eDiscovery

Showing posts tagged with Preservation
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Zubulake Still the Benchmark for Discovery Standards
pfavro | 20 Jul 2011 | 0 comments

It has now been over eight years since Judge Scheindlin began issuing her landmark opinions in Zubulake v. UBS Warburg.  Those orders not only shaped the outcome of that particular case, they permanently changed the discovery phase of litigation.  Discovery no longer begins with Rule 34 requests, the Rule 26(f) conference or Initial Disclosures.  Indeed, it begins long before the filing of a complaint.  Discovery now commences with pre-litigation information management.  For how an organization stores and manages its data will go a long way to determining whether it can meet the demands of discovery in 2011.

This point was highlighted this week by none other than Laura Zubulake in her keynote address at the Carmel Valley eDiscovery Retreat.  As my colleague, Allison Walton, pointed out in her recent...

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Zubulake on Importance of Client Involvement in eDiscovery Process and Evolution of Information Governance
AlliWalt | 20 Jul 2011 | 0 comments

Pretty exciting time here in the eDiscovery world at the Carmel Valley Ranch this week!  Not too long ago, we at Symantec had our annual off-site at the Carmel Valley Ranch and dug deep into our Enterprise Vault 10 launch as well as what our eDiscovery plans were for FY12.  That was in April, and now in July, I am here at the same venue with Clearwell now part of Symantec, in our first event together.  I remember having numerous conversations intra company in April about what we needed to do in order to give our customers the full eDiscovery capability they were looking for and how to complete the Information Governance offering.  With our landmark acquisition, and its tremendous effect on the eDiscovery market, we now look to another landmark event.

Monday kicked off with Laura Zubulake’s keynote address giving an overview of what her personal experience was in the famous Zubulake v. UBS Warburg LLC, 220 F.R.D. 212 (S.D.N.Y. 2003) case....

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Overhauling Your Data Management with a Top-Down Information Governance Approach
pfavro | 02 May 2011 | 0 comments

Is your company still placing too much trust in its workers to decide what documents the company should or should not keep?

Did you know that courts frequently fault organizations for delegating primary responsibility to their employees for data preservation and production? 

One such case from this year – Northington v. H&M International (N.D.Ill. Jan. 12, 2011) – involved a company that had no formal policy regarding the retention of company data.  Into this vacuum stepped operations-level employees – including some accused by the plaintiff of harassment – who were left with the task of managing, identifying and collecting their emails.  Predictably, key documents went missing and the court had little choice but to inform the jury that the company destroyed evidence.

Contrast the scenario in Northington with a company that “got” information governance.  In Viramontes v. U.S....

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