Symantec eDiscovery

Symantec is at the cutting edge of eDiscovery technology and expertise. We are Symantec Discovery Attorneys who bring a broad range of eDiscovery expertise to the industry. Our diverse backgrounds offer different points of view and insights as we discuss key developments in eDiscovery, Information Governance and related matters. Our goal is to engage the marketplace with best practices, provide a forum to discuss industry needs and challenges, and predict megatrends in the eDiscovery space. To contribute to the conversation, join our eDiscovery group.

For more thoughts on eDiscovery from ourselves and our Clearwell colleagues, visit eDiscovery 2.0.

      

    

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    Updated: pfavro 07 Jun 2011

    Federal Rule 1 and Information Governance - The Bookends of Cost Effective eDiscovery

    The eDiscovery frenzy that has gripped the American legal system over the past decade has become increasingly expensive.  Particularly costly are inquiries into an organization’s data management practices and production efforts.  These investigations are lengthy and often disruptive to business operations.  Just as troubling, they increase the expense and duration of litigation.  Given these cost and delay issues, it is no wonder that jurists are looking for alternative methods to rein in “promiscuous discovery.”  The latest approach is found in Federal Rule of Civil Procedure 1. Federal Rule 1 establishes a compelling directive that is tailor made for eDiscovery.  More than just a vestigial preamble to the Federal Rules, Rule 1 requires the “just, speedy, and inexpensive determination of every action and proceeding.” To understand just how courts are recognizing the value of Rule 1’s decree to address...
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    Created: pfavro 20 May 2011

    Learning the Lessons of eDiscovery: Information Governance and the Safe Harbor Provision

    Are you learning the lessons of eDiscovery history?  Or are you doomed to repeat the same mistakes of those lawyers whose companies and careers were damaged by eDiscovery failures? While there are many such lessons to be learned, one stands out in particular for companies seeking to minimize litigation risks and reduce operating expenses:  the Federal Rule of Civil Procedure 37(e) safe harbor for the destruction of electronic information.  This provision can be a “get out of jail free” card for savvy organizations that have followed best practices for information governance. How can your company "play this card"?  For more information, read a brief article from the Daily Journal last month in the following link http://bit.ly/lt2GB7.  Entitled “Learning the Lessons of eDiscovery:  Information Governance and the Safe Harbor,” the...
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    Created: pfavro 11 May 2011

    Upgrade to Enterprise Vault 10 to Enhance Information Governance

    Are you still on the fence about upgrading to Enterprise Vault 10?  Yet another reason to get the latest version of Enterprise Vault is that it may help your organization minimize litigation risks.  Who doesn’t want to stay out of lawsuits and reduce litigation costs? Enterprise Vault 10 can help your organization do so though its Data Classification Services technology.  At its heart, Data Classification Services empowers organizations to establish more effective information governance procedures.  Companies are able to better analyze and retain information that is significant or that must be kept – and nothing else. Available initially for Microsoft Exchange Server, Data Classification Services intelligently analyzes content as email is archived into Enterprise Vault.  Through established retention protocols, email is then tagged and characterized insomuch that it can be searched for and retrieved with greater efficiency. ...
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    Updated: pfavro 23 May 2011

    Going Rogue? Getting Your PST Files into the Mainstream of Data Management

    What are the worst discovery nightmares for lawyers?  I am sure we could compile a lengthy list.  From my experience, one of the worst involves addressing documents that fall outside the mainstream of data management – so-called rogue documents.  Microsoft Personal Storage Table (“PST”) files are some of the worst culprits.  PST files often have a stealth existence because they are created and stored on local computers.  Furthermore, Legal and IT often have no information governance plan to address the retention, identification and production of these files. A cautionary tale of what could happen when a company fails to take charge of its rogue PSTs is found in Nycomed U.S. Inc. v. Glenmark Generics Ltd. (E.D.N.Y. Aug. 11, 2010).  In Nycomed, the defendant was sanctioned for failing to preserve data.  In its findings, the court noted that some emails were unavailable because they had become corrupted...