Many tools exist that can help companies manage electronic documents in compliance with court rules, but some attendees of an electronic discovery conference this week said they don't trust all the technology.
Several technologies, such as e-mail archiving software, can help reduce risk and manage costs associated with e-discovery rules, vendors and other advocates said Friday at the Advanced E-Discovery Institute at the Georgetown Law School in Washington, D.C.
But Robert Eisenberg, vice president of e-discovery consulting at Capital Legal Solutions of Falls Church, Virginia, raised concerns about technologies such as software that manages document retention and litigation workflow. "I don't want to sound like a Luddite, but I actually think there's a danger on relying on tools that are supposed to be doing things that you're not monitoring," he said.
Many companies are looking for the Holy Grail of technology that takes care of e-discovery issues without much human intervention, but often what's needed when a company is facing a lawsuit and needs to track down information is face-to-face contact, Eisenberg said. "The convergence we need is a convergence of grey matter, the way people think of an existing technology, rather than looking for that Holy Grail," he said. "There's a danger in even looking for it."
In some cases, companies or lawyers won't be able to explain how e-discovery tools work in court, he added.
But others on a panel discussion about e-discovery technology said those tools can help companies manage electronic documents and e-discovery requests.
Most panelists endorsed e-mail archiving tools, even though most of the audience members indicated that their companies or law firms didn't use archiving software. Archiving software can help companies store e-mail in one location, instead of across multiple desktops, and can schedule e-mail messages for deletion, said Andrew Cohen, associate general counsel and vice president of compliance solutions for EMC.
For many large businesses, e-mail archiving technology makes sense, even though setting up an archiving system can be expensive, Cohen said.
E-mail is "really hard to delete when the e-mails end up on everyone's desktop," he said. "This stuff is flying around the enterprise at the speed of light."
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Source: pcworld.com
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As the moderator of the panel discussed in this article, I'd be happy to provide a copy of the slides presented (info at the bottom).
I asked the panelists to present a scorecard on each of the technologies in the EDRM reference model. The scorecards included what courts require, what are the risk and cost benefits of solutions, what scenarios are the solutions best suited for, etc.
I also asked the panelists to "place their bets": If they could buy only two technologies, what would they invest in? Of the 5 panelists, 3 said they would invest in the "front end" of the process -- legal holds process software. 2 would include email solutions, 2 would include evidence collection tools, and 1 would have invested only in evidence analytics.
Of the 5 panelists, 1 was was from a large corporation who had invested in both legal holds and email archive solutions. 1 was from outside counsel, 1 from an analytics vendor, 1 from an email and storage vendor, and 1 from a discovery services vendor. I was the moderator and work at a company that makes legal holds and retention management software, the PSS Atlas software suite. The panelists were, of course, familiar with this solution when they made their comments about investments.
I would be happy to share the slides presented at the conference. Please send me an email at deidre.paknad@pss-systems.com if you'd like a copy.
Deidre Paknad
PSS Systems
www.pss-systems.com
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