Posts Tagged ‘litigation’

Records Spoliation: A Real World Example From Today’s Headlines

Tuesday, February 27th, 2018

This morning, LegalTech News ran a timely story on the case between Central European News and Buzzfeed over allegations of fake news. (Leidig v. Buzzfeed) Fake news is news these days, but what got our attention was discussion of the shifts from the court in the willingness to tolerate improper records retention, that resulted in spoliation, incomplete production, and the assertions from the bench that attempting to hide (or distract) the ball when it comes to E-Discovery is an outmoded strategy that needs to end.

In particular, we noted a couple of key points in the article that surface in some of our technical conversations about our retention solutions.

  1. No special effort was made to preserve document concerning the Buzzfeed piece. ”Plaintiff “was instructed by counsel to preserve evidence only evidence only after the lawsuit was filed.”

With the increased ease of communications retention, the argument that it is too expensive or not a high enough priority is one we commonly see. The Information Security and Compliance staff often are proactive in trying to address retention but are often shut down by others in the organization who do not yet see the need. Often the conversation changes radically once a team has had to go through a production effort, at which point data may no longer even exist. Most organizations can expect legal action as a course of business. Judges are signaling that a lack of retention is not an acceptable practice.

  1. Metadata was inadvertently modified and deleted when the plaintiff attempted to manually move files to a production repository.

What happened here was spoliation: data was moved from one location to another in such a way that the metadata was modified or even removed. Here’s a real-world impact of what can happen when a technical decision to treat data in a more casual unstructured manner has repercussions to the bottom line. Often people look at our retention solutions; and then try to go and make low cost workarounds that involve pushing or copying data from one system to another without understanding the impact to not only the record, but the impact when challenged in court. We see it time and again, and we’ve yet to see a long term successful outcome when attempting to short-cut proper retention protocols.

However, technology is just part of the issue. In a recent judges’ report cited in this article, “30 active federal judges said the problem with e-discovery for most attorneys isn’t process or technology, it’s an overly adversarial mindset. When asked how attorneys could best improve e-discovery practices, the No. 1 response given was “cooperating with opposing counsel.”

Legal counsel likely fears what exists in their data, or the effort to review and produce. In reality, proactive retention with technology like our Communications Archiving Suite can help organizations respond faster at lower cost because data can be found, and put into context while maintaining good records retention hygiene.

We agree. ” It’s not personal, it’s E-Discovery.”

Message Vault now available in the cloud!

Wednesday, December 10th, 2014

Voicemail archiving & litigation hold support can now be deployed in less than a day.

Got another litigation hold?  Need to archive voicemail records from your Cisco phone system NOW?  Be responsive and ready with Message Vault’s newest cloud-based release! 

With the speed of flexibility of the cloud, you can have a voicemail archiving solution in place in just a few hours. No new servers, no hassle.

  • Preserves data without spoliation
  • APIs available for additional integration
  • Intuitive, easy to use interface
  • Message redaction 
  • Policy driven retention & destruction

Do you have existing voice records (even from other systems) that need to be archived?

Talk to us about how we can help you bring critical records into Message Vault to streamline management, search & retrieval.

>Contact us to learn more!

 

Osterman Research: Top Reasons to Archive

Sunday, November 30th, 2014

Recently we had the pleasure of hosting archiving industry expert Mike Osterman of Osterman Research on a webinar where he shared his expertise on trends & best practices.

From that event we compiled the reasons why your organization should be archiving your communications into one summary document.

Access this one page summary of the top business drivers he is seeing drive the need for archiving communications today:

>>Access Osterman Research – Top Reasons to Archive Communications