Monday, April 23, 2012

E-discovery in the cloud? Not so easy

Don't wait until the lawyers come calling to figure out if you can find your cloud-based data. Your company is embroiled in a lawsuit, and your general counsel has come to IT for help in conducting e-discovery on a batch of data. You easily gather some of the information from storage in your data center, but the rest of it is sitting in the cloud. Easy enough, you think, to get that data as well.

You may be in for a rude awakening.

Many lawyers and IT staffers "just assume if they put data in the cloud it's going to be at their fingertips, that it's inherently discoverable," says Barry Murphy, co-founder and principal analyst at eDJ Group, a consulting firm specializing in e-discovery. "That's not necessarily the case."

Under the Federal Rules of Civil Procedure, a party to litigation is expected to preserve and be able to produce electronically stored information that is in its "possession, custody or control." But in the cloud, the situation isn't so clear. Information that's electronically stored in the cloud is presumably under your control, but it may not technically be in your possession, says James M. Kunick, principal and chair of the intellectual property and technology practice at law firm Much Shelist.

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Source: Computer World
By: Tam Harbert 

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