Federal Rules of Civil Procedure Amendments Require Best Practices to Properly Preserve and Access Electronic Content
ZANTAZ Outlines Amendments, Their Impact on Archiving Electronic Content, and How Best to Prepare for the FRCP Changes to Ensure Effective Discovery Processes
PLEASANTON, Calif. - Sept. 21, 2006 - ZANTAZ, Inc., a global leader in content archiving and electronic discovery solutions, has developed a set of best practices for responding to the imminent, complex changes to the Federal Rules of Civil Procedure (FRCP) regarding electronic discovery. The changes, which have been generally recognized for some time, become official on December 1, 2006. Companies adopting these best practices can minimize the cost of the electronic discovery process and ensure effective litigation in the Federal Court System. The best practices are being distributed free of charge in the form of a white paper authored by Russ Yoshinaka, Esq., senior director of Legal Affairs at ZANTAZ. The white paper is available for download at the ZANTAZ website: http://www.zantaz.com/news/resources/white_papers_list.php.
In addition to the best practices, the white paper also includes extensive information on the FRCP changes and how the changes will impact corporate policies pertaining to electronic discovery and the archiving of electronic content.
"The changes to the FRCP put additional pressure on organizations to develop systems and processes that make them more accountable for preserving and producing data for electronic discovery requests," said Steve King, president and CEO, ZANTAZ. "Through years of experience developing and refining the electronic discovery process, ZANTAZ has crafted key best practices that will help companies maintain control over the information they have, the information they should delete, and how to access the information they need to respond to litigation."
For all U.S.-based organizations and some multi-nationals operating in the U.S., these rule changes, which for the first time specifically reference electronically stored information including email as evidence, will have a dramatic effect on the amount of time and money spent preparing for litigation. Failure to be prepared for these changes can result in higher costs for "rush" discovery requests and present a greater likelihood of lost lawsuits.
"Corporations can minimize the risks of high discovery costs and discovery sanctions by following ZANTAZ' best practices for effectively collecting, preserving, and accessing electronic content relevant to litigation," Yoshinaka said. "As a result of implementing these best practices, ZANTAZ customers have successfully integrated content archiving and electronic discovery processes that enable them to address the concepts embodied within the amendments to the Federal Rules of Civil Procedure."
Briefly summarized, the ZANTAZ best practices for electronic discovery preparation are:
Establish routine, good faith data deletion. FRCP changes give companies a limited so-called "Safe Harbor" upon which to formulate a data deletion process. However, the process must first be "routine." This is most readily accomplished by an electronic data archiving system that can be configured so as to allow for regularly scheduled, systematic deletions of data based on parameters suitable to the customer's internal policies or external requirements. In addition, all data deletion must be done in "good-faith." This means that the routine process must include the ability to tag and preserve data that is subject to potential litigation, which again is most readily accomplished by an electronic data archiving system.
Know what data you have and in which format it exists. FRCP changes provide a mechanism by which a party to a lawsuit can claim that it need not search certain sources of information due to an undue burden or cost. But to take advantage of this rule, the party must be able to identify these sources and have enough information regarding the nature and content of these sources in order to defend its argument.
Address the most important content first. According to the Enterprise Strategy Group (ESG), email represents a staggering 75 percent of all corporate intelligence, and in 2005, according to Corporate Counsel Magazine, U.S. organizations spent a total of $5.8 billion to analyze emails for discovery purposes. Several million-dollar fines have been levied against corporations in the last few years for failure to capture, preserve, and produce email. Email should be among the first types of content companies properly capture and preserve.
Outsource the archive process to a trusted third party. With the December 1st deadline rapidly approaching, companies need to act now. With a hosted, or "on demand," archiving solution, companies can rely on an experienced partner to get their electronic information organized, accessible, and ready for discovery in a matter of days or weeks - not months or years.
Ensure that policies established for data deletion are integrated with the archive, and that both the policy and the system allow for "legal holds." While the rule changes require companies to integrate data deletion into the archiving system, companies should ensure the flexibility to initiate "legal holds" to prevent automatically deleting information relevant to pending litigation.
Keep all electronic data with a single vendor to manage risk and limit costs. The FRCP changes add even greater complexity to already complex information management processes. Relying on a single, trusted partner that provides a complete offering of content archiving and electronic discovery solutions can reduce complexity, help manage costs by centralizing all project management duties and data-processing tasks, and reduce the risk of tainting the "chain-of-custody."
For the complete white paper, which includes more detailed information about the FRCP amendments and how to implement these best practices, please visit the ZANTAZ website at http://www.zantaz.com/news/resources/white_papers_list.php.
About ZANTAZ
ZANTAZ is the global leader in Information Retention and Discovery Management (IRDM) solutions. ZANTAZ archiving and litigation support solutions enable organizations to capture, preserve and access unstructured digital information-including email, IM, files, scanned documents, and other electronic records-and review and produce relevant documents in a manner that reduces operational risks and costs while complying with legal, regulatory and corporate policy requirements. ZANTAZ solutions are available as on-site software applications or on-demand hosted services, and include a broad set of professional services and integration support. ZANTAZ customers include 9 of the 10 top global law firms, 11 of the Fortune 25 and 14 of the top 20 Financial Securities firms. For more information, visit www.ZANTAZ.com or call 800.636.0095.
Summary: ...using ZANTAZ EAS, I probably spent up to $100,000 annually of otherwise billable time just managing my email.” Furthermore, having all emailed information archived and easily accessible makes it easier for Paparelli & Partners lawyers to serve as expert witnesses in immigrationrelated litigation. Requests...
Summary: ...incremental improvements each time a document passes through another lawyer’s hands.” Minimizing Risk By centralizing content within online matter files, Al Tamimi & Company ensures that all matter information is protected against human error such as misfiling, loss, and accidental deletion. Emails...
Summary: ...all archived objects. In addition, ZANTAZ EAS preserves and protects corporate information assets for compliance with industry information regulations and for supporting litigation events. With EAS, organisations can retain their email and fi le records for as long as regulations stipulate and can rapidly...
Summary: ...content the organization is experiencing increased productivity through unified file access, whether physical or electronic. With well organized content and a formal compliance program risk can be mitigated and things like e-discovery responses can now be responded to with minimal staff disruption. Improvements...
Summary: ...productivity through unifed fle access, whether physical or electronic. With well organized content and a formal compliance program risk can be mitigated and things like e-discovery responses can now be responded to with minimal staff disruption. Improvements in physical records management Records Manager...
Summary: ...Burnet, Duckworth & Palmer LLP Case Study. www.ZANTAZ.com Burnet, Duckworth & Palmer LLP is a leading Canadian full service law fi rm of over 100 lawyers, specializing in virtually every aspect of corporate and litigation legal work. BD&P boasts an impressive list of clients from within the energy, business,...
Summary: ...ZANTAZ and Equity One, Inc. Reduce storage requirements and costs with email archiving. www.ZANTAZ.com Equity One, Inc, an affi liate of Popular Inc, is a diversifi ed consumer lending institution offering a complete line of real estate loan products. With over 135 locations nationwide, the organization...
Summary: ...Cardiff Intelligent Documents, the forms processes at First Interstate Bank are now provided in a web-based eforms library accessible to 49 branch locations. Uniformity and business and routing rules built into the eforms ensure accuracy and efficiencies throughout the account processing lifecycle. The...
Summary: ...Call Guide. Roger (Lee) basically advised us that we just needed to focus on the quality of the call.” To help structure the calibration sessions, Lee and Swanson established ground rules regarding behavior, and established one meeting a week, which they have since reduced to bi-weekly meetings. Lee...
Summary: ...creation of a structured electronic matter file Gallagher Sharp is a trial and business practice frm focused on the defense of civil claims and lawsuits for corporations, insurance companies and their policyholders. The frm’s areas of experience include general litigation, business and employment, insurance,...
Summary: ...network (HP EVA 5000), installed as part of the self-service project, gives the company the confidence it needs that it will be able to store and retrieve growing volumes of data easily. The entire solution can store more than 1.5 terabytes of data per year. “Should we acquire a significant new customer...
Summary: ...WorkSite is that it makes you really think through what you do and how. Along the way, you come up with better ways of doing things.” Reducing Risk and Aiding Compliance In the past, Moore Stephens Sydney Pty Limited lacked an efficient way to preserve and manage electronic records. With no capabilities...
This is a small selection of the Autonomy case studies available, please visit our publications site at http://publications.autonomy.com/ for more information.
Summary: ...that begins when litigation or an investigation is reasonably anticipated. Meeting the preservation obligation is an ever-increasing priority because failure to preserve and produce ESI can have severe consequences under the amended Federal Rules of Civil Procedure (FRCP), such as evidentiary sanctions,...
Summary: ...notification management, identification, preservation in-place, collection, data mapping, and litigation lifecycle management FRCP Compliant Process Repeatable and defensible FRCP compliant search, preservation and collection combined with best-practices notification Preserve Data In-Place Lock-down and...
Summary: ...explosion of electronic content is a legal challenge addressed, in part, by the amendments to the Federal Rules of Civil Procedure (FRCP) in December 2006. Since then, the courts have begun the process of expanding the form and format of electronic content subject to routine eDiscovery. Audio is one of...
Summary: ...before assesing the data to determine the merits of a case and formulate a strategy. Counsel cannot afford to wait to begin case assessment. The U.S. Federal Rules of Civil Procedure (FRCP) mandate that the Rule 26 ‘meet and confer’ takes place no more than 120 days after the filing of the case.
...
Summary: ...for use in legal and compliance matters. In fact, in 2006, amendments were made to The Federal Rules of Civil Procedure (FRCP), rules governing procedure in the US federal courts for civil suits, mandating requir- e ments for the disclosure and rendering of all electronically stored information pertaining...
Summary: ...EDD, Review and Production for Complex Litigation Introspect from Autonomy delivers an innovative approach to eDiscovery through rapid data intake and streamlined processing, review and production processes that are in accordance with the Federal Rules of Civil Procedure (FRCP). It achieves this by leveraging...
Summary: ...stored information (ESI) due to inadequate search technology or strategy creates significant risk including courtordered sanctions under the Federal Rules of Civil Procedure (FRCP) and an attorney’s worst nightmare – inadvertent production of privileged documents. In a recent federal case, Victor...
Summary: ...information from any repository. They can also discover that potentially sensitive information is not properly governed with proper security and compliance procedures, and subsequently move the content to a secure repository or put it on preservation should it be subject to a legal matter. The workflow...
Summary: ...Safe service can become the secure, searchable repository for both your historical and livestream data, enabling you to respond to the next regulatory inquiry or discovery request much more quickly and cost-effectively. The ZANTAZ Data Restoration service facility was built for the express purpose of...
Summary: ...Santiago, Sao Paulo, Stockholm, Sydney, Tokyo, Utrecht and Washington, D.C. IDOL Architecture The basic architecture requirements of a pan-enterprise search platform include: FRCP-Compliant Search The Federal Rules of Civil Procedure (FRCP) render all relevant Electronically Stored Information (ESI) discoverable,...
Summary: ...in Exchange 2007 Organizations are facing the difficult task of managing the litigation liability that email brings, while at the same preserving the key institutional knowledge embodied in email transactions. Meridio 5.0 leverages the Microsoft Exchange platform to make the proper balance possible. Turning...
Summary: ...content through its extensive set of connectors and filtering technology, its search is uniquely FRCP-compliant. KeyView IDOL not only extracts text and metadata, but also preserves and intelligently processes all object rules, business intelligence and complex metadata relationships that reside in business...
This is a small selection of the Autonomy Product Briefs available, please visit our publications site at http://publications.autonomy.com/ for more information.
Summary: ...governance concerns have moved this technology to a strategic position in the enterprise. Governance and information risk issues came sharply into focus with the amendments to the Federal Rules of Civil Procedure (FRCP). As the uses of archiving evolve from managing mailbox volumes to addressing enterprise-wide...
Summary: ...from compliance violations. Its basic ad-hoc nature does little to address the complex requirements of such regulations as Sarbanes-Oxley (SOX) and amendments to the Federal Rules of Civil Procedure (FRCP), nor does it meet the need for efficient, fast and secure information retrieval and analysis across...
Summary: ...for the IDOL servers to which it is connected. • Execute IDOL server configuration changes • Delete specific documents from IDOL servers • Create new IDOL server databases • Delete IDOL server databases • Delete all documents in a IDOL server database • Expire documents from IDOL server databases...
Summary: ...so that deleted files are automatically removed from IDOL server. Requirements Platforms Supported: Microsoft Windows NT 4, Windows 2000 UNIX Note that POP3 Fetch also supports other POSIX UNIX versions on request. Minimum Recommended Server Specifications: Type: Connector Dependencies: Information flows...
Summary: ...Service Handler test functionality • Common Code Base • Call back definitions • Schedule jobs independently of each other • Batch Processing • Configurable multiple database polling • Synchronized security to allow accurate reflection of entitlements • Save/Delete fetched files after index...
Summary: ...sync so that deleted files are automatically removed from IDOL server and moved, modified or renamed file references are updated. Requirements Platforms Supported: Microsoft Windows NT, Windows 2000 Linux Sun Solaris Any other POSIX compliant of UNIX on request Minimum Recommended Server Specifications:...
Summary: ...of the server with IDOL Server automatically. • restoring deleted folders and documents Users have the facility to restore deleted folders and documents. When the user selects the refresh option, all folders and documents that have been deleted are displayed. In turn the user can navigate to the folder...
Summary: ...File System Fetch File System Fetch analyzes file systems on local or networked machines (including Novell, NT, UNIX file systems and Samba mounted servers) for new documents to aggregate into the Autonomy IDOL server™. It keeps the IDOL server’s view of the file system in sync so that files deleted...
Summary: ...Technical Brief). www.autonomy. com Technology Overview Exchange Fetch is an Autonomy connector which aggregates emails and email attachments from Microsoft Exchange Server to index into Autonomy IDOL server™. It can keep the Exchange Server and IDOL server in sync so that deleted files are automatically...
Summary: ...born or dies within the organization. Be it a telephone call, a voicemail, an email, an attachment, an instant message, a document or a video, ECHO can understand then follow it through the organization. ECHO will audit the entire lifecycle from creation to deletion across format change and transmission...
This is a small selection of the Autonomy Technical Briefs available, please visit our publications site at http://publications.autonomy.com/ for more information.
Summary: ...electronic data is effectively collected, preserved, and ready for the discovery process. Executive Summary 3 www.ZANTAZ.com The amendments to the Federal Rules of Civil Procedure (FRCP) are directives proposed by a committee to update the FRCP, and have been approved by the Supreme Court. These rules...
Summary: ...the Author 9 Autonomy ZANTAZ FRCP 37(f): What the Heck is Good Faith? 1 I On ntrDecember oduction1, 2006, a number of amendments to the Federal Rules of Civil Procedure (the “FRCP Amendments”) are expected to become law. One of the more significant amendments creates a new “Safe Harbor” provision...
Summary: ...litigation requirements now represent a significant driver towards improved information governance practices in many organizations. The amendments to the Federal Rules of Civil Procedure (FRCP) of 200646 codified prior rules and case law to clearly establish that electronically stored information (ESI)...
Summary: ...priority because failure to preserve and produce ESI can have severe consequences under the amended Federal Rules of Civil Procedure (FRCP) and case law. The penalties for failure to preserve potentially relevant ESI have included evidentiary sanctions, adverse rulings, and fines, not to mention negative...
Summary: ...Strange Bedfellows? Keyword Conceptual Search Unite to Make Sense Relevant ESI Electronic Discovery. 18, 2008) at 2-4 8 Rule 26(a), Early Disclosures; “Meet and Confers” and Identification. Federal Rules of Civil Procedure (FRCP) (2006) Amendments to the discovery rules demand an exhaustive search...
Summary: ...000’ then searching for 30000 matches it. However if a document contains ‘3,000,000’ then a search for 3000000 does not. • • • • • • • • • • • Recent changes to the U.S. Federal Rules of Civil Procedure (FRCP) have placed new “discovery risks” on global companies by requiring...
Summary: ...for 30000 matches it. However if a document contains ‘3,000,000’ then a search for 3000000 does not. • • • • • • • • • • • Recent changes to the U.S. Federal Rules of Civil Procedure (FRCP) have placed new “discovery risks” on global companies by requiring all relevant Electronically...
Summary: ...review and produce that document for litigation, or simply how to make it findable amongst millions of documents for enterprise search, there is an acute need for an infrastructure solution that enables repeatable business processes. 1 Recent changes to the Federal Rules of Civil Procedure (FRCP) require...
Summary: ...and regulations to list, and they vary by country, they include the following: • US Federal Rules of Civil Procedure (FRCP) • UK Financial Services Authority (FSA) COBS 11.8 (effective March 2009) • UK Civil Procedure Rules (CPR) • EU Markets in Financial Instruments Directive (MiFID) • US Sarbanes-...
Summary: ...illustrate why information governance is now a board level issue. 1. The Federal Rules of Civil Procedure (FRCP) were amended on December 1, 2006, to expand their definition and structure to include electronically stored information as a class of legally discoverable business data. The new rules make...
Summary: ...Autonomy's Rich Media Solutions for SharePoint. Searching Rich Media is Required by the Law The recent amendments to the Federal Rules of Civil Procedure (FRCP) formally recognized the importance of all digital content. These amendments extended the definition of Electronically Stored Information (ESI)...
Summary: ...financial crisis. Government organizations from around the world have been tightening regulations around archiving, storing, and retainin-g his torical business information for compliance. For instance, amendments made to the Federal Rules of Civil Procedure (FRCP) in 2006 stipulate that all digital information...
This is a small selection of the Autonomy White Papers available, please visit our publications site at http://publications.autonomy.com/ for more information.
Related Case Studies
.pdf.png)
Download PDF Version
Autonomy Releases
