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Symantec eDiscovery

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The Uncertain Landscape for National eDiscovery Standards
pfavro | 16 May 2011 | 0 comments

Last year’s landmark opinion in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, 685 F.Supp.2d 456 (S.D.N.Y. 2010) was heralded as an eDiscovery gold standard.  Following the Zubulake cases, Pension Committee established bright line rules on data retention, litigation response efforts and sanctions.  Such rules, in turn, strengthened the call for additional eDiscovery standards that were not addressed by the 2006 amendments to the Federal Rules of Civil Procedure.

Despite the impact of Pension Committee on eDiscovery practice and jurisprudence, subsequent case law reveals the difficulty in crafting national eDiscovery standards.  Several courts have declined to follow the Pension Committee rubric, particularly as it relates to litigation holds.  Indeed, over the past three weeks, three different courts have distinguished the sweeping Pension Committee...

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Upgrade to Enterprise Vault 10 to Enhance Information Governance
pfavro | 11 May 2011 | 0 comments

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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Going Rogue? Getting Your PST Files into the Mainstream of Data Management
pfavro | 23 May 2011 | 0 comments

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...

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Called Strike Three! The Tenth Circuit Strikes Out Plaintiffs for their “Discovery Karma”
pfavro | 07 Jun 2011 | 0 comments

Appellate courts rarely weigh in on discovery issues.  When they do, clients and counsel should pay close to attention to the messages the courts are communicating.

That is why we have chosen to spotlight yesterday’s Tenth Circuit opinion in Lee v. Max International, LLC, which affirmed dismissal of the plaintiffs’ complaint for discovery misconduct.  The court reasoned that plaintiffs had “struck out.”  They had been given three chances – including two court orders – to produce key documents and failed on all three occasions.  Applying a pitch count to discovery abuses, the court reasoned that:  “three strikes is [sic] more than enough to allow the district court to call a litigant out.”

The take-home from the Tenth Circuit’s holding is more subtle than simply “produce your documents or else.”  The key to the decision was its reliance on Federal Rule of Civil...

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Litigation Readiness and your IT Infrastructure: Spring Cleaning
| 04 May 2011 | 0 comments

Litigation Readiness and your IT Infrastructure: Spring Cleaning 

What is litigation readiness and why is it important? It is the measure of how prepared a company is to respond when  litigation arises.  It is important because failure to prepare can, in the best case, lead to inefficiencies and higher costs in responding to discovery to the worst case of facing legal sanctions (fines and penalties) for failure to produce relevant evidence.

 

 How is it measured?  Most companies are unsure of how to formalize readiness, and even the most prepared companies are tested since litigation always presents  surprises.  Because companies face  different regulatory requirements and business needs, this answer is not the same in each case. 

 

How...

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Anchoring Information Governance with Enterprise Vault 10
pfavro | 03 May 2011 | 0 comments

Is your organization struggling to manage stockpiles of data?  Have you run out of storage space for your back-up tapes?  These are telltale signs that your organization needs to overhaul its approach to information governance.

The anchor for successful information governance is Symantec Enterprise Vault 10.  The latest version of Enterprise Vault will help organizations reduce data stockpiles, decrease operation expenses and minimize litigation risks.

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...

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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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SYMANTEC EDISCOVERY COMMUNITY TERMS OF SERVICE
Leslie Miller | 14 Jul 2011 | 0 comments

SYMANTEC EDISCOVERY COMMUNITY

TERMS OF SERVICE

The Symantec eDiscovery and its associated boards, blogs, and discussion forums (the "Community Website") and related services (the "Services") are provided by Symantec Corporation together with its subsidiaries and affiliated companies (collectively, "Symantec", "us", and "our", and "we").

By clicking the "I AGREE" button below, you agree to be legally bound by the following Terms of Service and the Symantec online privacy policy found at http://www.symantec.com/about/profile/policies/pri... and the Symantec website legal notices found at http://www.symantec.com/about/profile/...

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