E-discoveries have become indispensable for litigators — despite often staggering costs and challenges ...Read the full article
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Timothy Nessus from Somewhere, Canada writes: "The good news is that electronic communications are so prolific that lawyers today can substantially strengthen the odds of winning such motions as injunctions or search orders by showing the courts a paper trail of what defendants have said or done."
Yeah... sure... that's only IF the conspirators are brain-dead drones. Look, it's simple. Encrypt your messages and us an on-line (free) service. PRESTO! Quasi bullet-proof privacy.
They did not do it... what a bunch of loosers!- Posted 25/05/07 at 11:38 AM EDT | Alert an Editor | Link to Comment
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Albin Forone from Toronto, Canada writes: This article concentrates on litigation, so it sounds like retaining e-data is all downside liability, where somebody else gets to subpoena it - the fact, however, is that more often the enterprise itself can gain a lot from retention of its data, where employee interaction, interdepartmental communication and negotiation with outside parties is readily available for internal reference and review. I have seen good use made of backup data in labour relations, performance monitoring, and vendor-client issues - often the available electronic record actually prevents opportunistic litigation because there is hard, inescapable evidence of what disputing parties knew, said and did at the relevant time, and everybody knows it.
- Posted 31/05/07 at 2:31 PM EDT | Alert an Editor | Link to Comment
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