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CIOLaw Editor Gregg MayerGregg Mayer is a journalist and lawyer with a keen interest in the rapidly evolving world of e-Discovery. Gregg has published numerous articles, including writing for law journals and the American Bar Association. Gregg served as editor-in-chief of the Mississippi Law Journal. Before practicing law, Gregg worked as a newspaper reporter for six years.

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New E-world Replaces Musty Boxes in Basement

Posted by Gregg Mayer on Friday, March 21st, 2008   

“Electrons have replaced ink and paper,” according to an article in The Journal of Legal Technology Risk Management.

Archiving in the past meant “moving around dusty boxes of paper in the basement.”  Today, it means the dynamic world of storing email and other electronically stored information (“ESI”).

Increasingly, regulations and litigation are forcing companies to take stronger and broader strides in ensuring retention programs are up to date and effective. As the article explains:

New regulations, such as Sarbanes-Oxley and the December 2006 revisions to the United States’ Federal Rules of Civil Procedure have made the need for archiving electronic information in a manner that makes the information retrievable without crippling the enterprise more urgent. A fully functional enterprise archiving system is no longer “nice to have,” but should be now a “must have” for all business enterprises, particularly those in highly regulated environments such as the financial or healthcare industries. Unfortunately for business, most enterprises have no such system; those that do often find the employees not following the rules. Without such an implemented system, the enterprise must spend massive amounts of time and money finding documents that may be kept in backup media because the enterprise does not have useful archives, or that may be kept on CDs or DVDs tossed in some employees’ desk drawers.

The article offers 13 tips to consider when developing an archiving system. Here are the first three:

1. Understand that archiving is a long term project that sheds a whole new light on needs and may test all existing technological knowledge and assumptions, requiring constant monitoring and revising;

2. Assess the enterprise’s current electronic policies and define or redefine processes and procedures to account for worldwide regulation affecting the enterprise;

3. Assess the total document repository size in terms of the number of individual documents rather than in storage capacity, which is a misleading metric since the number of documents not their size defines scale;

Read the entire article from The Journal Of Legal Technology Risk Management here

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