Electronic discovery is the process of providing specific files, emails, and other electronic data requested in a lawsuit by the opposing legal counsel. FRCP states that discovery can include any discoverable information assembled in digital form, including all business and tax records, e-mails, attachments, images, databases, spreadsheets, PDFs, and other electronic information. eDiscovery requests usually require data to be produced in their “native” format. ArcMail enterprise information and email archiving solutions support open archiving standards such as XML, PDF, CSV, PPT, and other formats, giving our customers the flexibility to produce any electronic content in its original format as required for litigation.
The costs of eDiscovery are borne by the company required to produce the discovery, not the company requesting the discovery. This is true even when a third party is subpoenaed for evidence regardless of whether or not they are directly involved in the suit. eDiscovery requests usually have deadlines of less than a week. While, some companies outsource their eDiscovery requests to legal forensic experts, this approach is usually costly and does not guarantee meeting the court’s deadline.
ArcMail archiving solutions index every single word of every single document, regardless of format or standards, prior to compressing and storing archived data in a central repository. This enables the organization’s legal counsel to search every instance of a particular keyword or phrase via either basic or complex Boolean searches, and to do so in a quick and efficient manner without having to involve the IT department.
Litigation and Legal Holds
Once a notice of pending litigation or a preservation order has been served by the opposing party, the recipient organization immediately begins retrieving all discoverable documents and communications, including email and attachments, relating to the subject of the pending litigation or preservation order. The retrieved results are placed in a litigation hold and left there for as long as needed, regardless of the retention period originally assigned to that information. In addition, organizations sometimes choose to put content in a legal hold in anticipation of possible litigation ahead of any formal notice of pending litigation.
Key features of ArcMail enterprise information and email archiving solutions that enable and support litigation and legal holds include: