eDiscovery Navigator

Information Governance and Its Impact on Litigation

Information Governance and Its Impact on Litigation

"The amount of information generated by business today is continually increasing—some estimate 1.8 zettabyes of data will be created in 2011. While word processing, social media, and email have made it easier to create information, it remains important to effectively govern that information in order to minimize risk while maintaining the information's value to the organization. Information governance is important because it allows business to share information more effectively across departments and geography, and prevent the mistakes and wasted energy so often caused by lack of communication and information silos.

While a company cannot typically control the increasing number of lawsuits, audits, and investigations it may face, it can establish parameters around its response to those obligations, minimize the company's public scrutiny, remain compliant, and reduce business and legal risk, cost, and impact. To that end, it is important to establish guidelines and policies around information governance and leverage technology to help implement those protocols."

Obtaining Disclosure of ESI From Non-Parties

Obtaining Disclosure of ESI From Non-Parties

"It must be hard to be a computer network professional. You're responsible to maintain security, you have little or no control over what people send and receive from the computers you maintain, and you may be the only person with the technical knowledge and access to identify the source and availability of electronically stored information. I imagine these folks hate subpoenas, especially if they have nothing to do with their employer's business.

In Tener v. Cremer,[FOOTNOTE 1] the plaintiff sought to compel a non-party, New York University, to respond to a subpoena that might enable the plaintiff to identify the source of a posting on "Vitals.com," an internet opinion website that advertises itself as the place "where doctors are examined." This appears to be one of many internet sites that solicit opinions that others may use in making consumer decisions, and the plaintiff in Tener was a board certified physician who wanted to sue the author of allegedly defamatory remarks."