E-mail is no longer the most requested type of electronically stored information in e-discovery, having been eclipsed by application data, database records, and documents, according to a new Symantec report.
Symantec, which makes data management and security software, acquired e-discovery specialist Clearwell for $390 million this summer. Its survey taken in June and July included lawyers and technologists at 2,000 enterprises worldwide.
Respondants gave a surprising answer to a question about how frequently various types of ESI are requested during legal and regulatory processes. Files and documents are requested in 67 percent of situations, followed by application and database records at 61 percent, and e-mail at 58 percent, they said. Microsoft SharePoint records are requested 51 percent of the time, while messaging formats such as instant messaging, texts, and BlackBerry PIN messages are needed 44 percent of the time. Data from social media trailed, being needed for 41 percent of ESI requests.
"I think the takeaway is not that e-mail isn't important ... I think the homogenous nature of electronic discovery, where e-mail axiomatically equals e-discovery at the expense of everything else, those days are behind us," Symantec e-discovery attorney Dean Gonsowski said. "I think its importance is being less impactful compared to these newer kinds of media, and the reason is everyone's already got their arms wrapped around e-mail. You could quibble with the exact ranking but you can't deny that loose files and databases are taking a seat at the table."
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Source: law.com
By: Evan Koblentz
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