E-Discovery: The Continuing IT Impact


Archived Published: 14 February 2011 ID: G00209723

Analyst(s):

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Summary

The Federal Rules of Civil Procedure (FRCP) in the United States continue to have a profound impact on how IT teams deal with legal discovery of electronically stored information (ESI). IT and security teams must engage with legal counsel to create a coordinated plan for ESI. But IT choices need to be made, as well, and these decisions sit squarely on the shoulders of the IT team. In this updated document, Analyst Trent Henry considers the continuing impact of e-discovery on IT.

Table of Contents

  • Summary of Findings
  • Analysis
    • E-Discovery Background
    • What Have We Been Doing About Discovery Thus Far?
    • FRCP and IT Teams
    • E-Discovery Impact
    • Maturity Models
    • The User PC Question
    • The "Ephemeral Message" Question
    • The Vendor Landscape
  • Recommendations
    • Open Lines of Communication with the Legal Team
    • Policies and Procedures for Discovery
    • Develop Internal Leadership
    • Don't Save If You Don't Have To
    • Mind the Metadata
    • Infrastructure: Follow a Maturity Model
  • The Details
    • Federal Rules of Civil Procedure
      • IT-Relevant Rules Changes
    • Sample Case Law in E-Discovery
      • Bank of America Securities: Lack of Promptness
      • Philip Morris USA: Violating Stated Company Policy
      • Sprint/United Management: Metadata Matters
      • Morgan Stanley: Duty to Locate and Preserve
      • UBS Warburg: Spoliation
    • Conversations in the Legal Community and Beyond
      • LexisNexis
      • Sedona Conference
      • Federal Rule of Evidence 502
  • Recommended Reading
  • Notes
© 2011 Gartner, Inc. and/or its Affiliates. All Rights Reserved. Reproduction and distribution of this publication in any form without prior written permission is forbidden. The information contained herein has been obtained from sources believed to be reliable. Gartner disclaims all warranties as to the accuracy, completeness or adequacy of such information. Although Gartners research may discuss legal issues related to the information technology business, Gartner does not provide legal advice or services and its research should not be construed or used as such. Gartner shall have no liability for errors, omissions or inadequacies in the information contained herein or for interpretations thereof. The opinions expressed herein are subject to change without notice.

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