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e-Discovery Law & Strategy

February 2007

e-Discovery Case Law: The Cost of Poor Practices

Establishing Best Practices Takes Work, But Pays Off

By Karen A. Schuler

For years, consulting firms that provide services during technology migrations have touted the ability to protect corporations from the risks of not upgrading their systems. In the late 1990s, these warnings focused on bugs that could be initiated in 2000 with the date change (remember the Y2K bug?).
Today, discovery and computer-forensics consultants are similar to those consultants of a decade ago in that they try to warn clients about the need to correctly preserve information, and respond to litigation and regulatory requests conscientiously. Years of warnings and millions of dollars in court-imposed sanctions later, corporations are seriously considering how to mitigate poor data-discovery project-management risks, missing electronically stored information and lost evidence.

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