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What every IT manager should know about e-discovery?

Updated: 8/16/2019
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Juliyana123

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15y ago

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The key to surviving e-discovery requests is preparation based on knowledge of what is expected, what is considered reasonable, when asked to locate and provide electronically stored information.

Electronically stored information (ESI) presents increasingly expensive challenges to organizations faced with legal discovery requests. Initially, courts were willing to accept most claims that costs of finding and producing ESI was too high, too onerous, for the responding party. However, recent decisions in Federal courts, as well as changes to the Federal Rules of Civil Procedure, reflect a shift toward holding respondents-the providers of information requested during discovery-responsible to pay for producing ESI. This responsibility is based on the assumption that a reasonable IT manager understands the need for knowing where his or her organization's information is kept, whether it should be accessible during discovery, how to provide an environment in which documents and other information can be easily placed and kept on "legal hold", and the how to implement and use the tools necessary to provide them on demand.

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