Electronic discovery, or eDiscovery, can play a central role in the corporate litigation process, and is increasingly expensive as companies retain more data and employees store that data in diverse locations.
Unlike regulations such as Sarbanes-Oxley, which placed many new requirements directly on organizations with a deadline for compliance, the electronic discovery amendments affect them only through the litigation process. Many companies faced with tight budgets aren't preparing in advance for litigation. This is clearly their right to do so. This bad decision can lead to astronomical costs of litigation when it finally does occur.
Penalties for failing to comply with a duty to preserve data range from monetary sanctions all the way to an "adverse inference" instruction. In this situation, a jury is instructed to assume any files and communications not produced were harmful to the defendant. Such an instruction all but guarantees defeat for a defendant.
Increasingly, judges are also holding attorneys themselves responsible for the negligent acts of their clients in preparing for discovery.
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One of the ways around the issues of security and control that make some businesses wary of cloud computing is to build a private cloud -- one that remains within the corporate firewall and is wholly controlled internally. Private clouds also increase the agility of IT an organization's IT infrastructure and make it easier to roll out new technology projects. Download this eBook to get the facts behind the private cloud and learn how your organization can get started.