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Volume 29, Issue 4

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Thursday, 02 May 2013 15:43

Top Five Compliance Risks Regarding e-Discovery

The very word can strike fear into the heart of every in-house lawyer.  The costs can be astronomical and the price of mistakes can be fatal to a case.  What can you do to minimize risk?  As with many things in life, the keys are preparation and follow-through.  Particularly for companies that are regularly involved in litigation, in-house counsel and compliance personnel can reduce uncertainty by understanding their information systems and staying on top of technological changes.  When litigation is imminent or a government investigation strikes, companies with well-oiled processes will be in a better position to minimize costs and  reduce the risk of devastating sanctions resulting from spoliation or incomplete compliance.  While the details of the e-discovery process will be different for every company, attention to these five critical points will reduce the risks of a calamity with respect to electronically stored information (ESI).