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Editor Bio
Gregg 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.
CIOs Should Bring IT and Legal Together
Posted by Gregg Mayer on Wednesday, March 19th, 2008
Lawyers seldom speak the techno-wiz language of a company’s IT staff. The IT staff seldom speak the stuffy legalese of lawyers. However, both IT and legal are critically important to comply with today’s e-Discovery obligations under the Federal Rules of Civil Procedure.
That is why a CIO must ensure that the IT staff and legal department work together as an e-Discovery team in order to be prepared for the increasing burdens of disclosing electronically stored information (“ESI”).
As a recent article explained, when litigation looms, the legal and IT department must work together to resolve a series of issues, beginning with what ESI needs to be saved. Once a company reasonably anticipates litigation, then a duty to preserve relevant ESI is triggered. The lawyers will need to work with IT to understand what and how ESI is stored.
Given the requirements of e-discovery and the conversation needed between legal and IT, what’s the bottom line? Each team has expertise required by the other. And each team needs to focus on its core subject matter. Issues of case strategy, negotiation among claimants, and the details of e-discovery rules should lie with the legal time. Issues of information retention policies, appropriate use of automation, and how best to preserve information should lie with IT and security groups. The key steps will be to ask, listen, and continuously work together to ensure proper and cost-effective e-discovery management.
Read the entire article from SearchSecurity.Com here.
Posted in: Electronically Stored Information | Litigation Holds / Duty To Preserve
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