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ESI Management - Where Law and Technology Intersect
Electronic evidence has become an essential element of litigation, including litigation support, and regulatory compliance. Parties often face the onerous task of sifting through vast amounts of electronic data in order to locate relevant electronic documents to comply with disclosure duties. Preservation duties and the risks of inadvertently destroying evidence add to the challenges of managing electronic evidence data properly. In instances where parties and their legal representatives fail to comply with these obligations, sanctions—ranging from admonishment to dismissal of claims—may arise.
The issues surrounding electronically stored information (ESI) have assumed a higher priority for corporations as the financial crisis threatens to trigger legal actions. With litigation and the amount of digital data requested in electronic disclosure on the rise, tightening corporate budgets and increased regulatory compliance, corporations cannot afford an ESI misstep. Putting a policy in place, ensuring the executive board is part of policy creation and enforcement, and understanding your digital data landscape is critically important to risk management for the foreseeable future.
Kroll Ontrack’s experienced consultants are able to help you:
- Identify and reduce the risks associated with managing ESI
- Put in place ESI strategies and policies for managing electronic information
- Implement litigation readiness plans and eDisclosure management plans
- Advice on best practice procedures for the handling electronic evidence from first response to the presentation of evidence in court
- Train staff on ESI awareness, electronic evidence management and computer forensic procedures
The undoubtedly complicated and technical nature of ESI requires a close alliance between legal and IT to ensure ESI strategies are legally compliant, all-encompassing and feasible. Kroll Ontrack’s combined legal and technical experience helps bridge the gap between legal and IT departments, identify issues quickly and resolve them. We are able to draw on the extensive experience and expertise of ESI consultants, legal consultants and forensic consultants. We advise and train corporations, government and law enforcement on electronic evidence management, and computer forensics and have handled thousands of electronic disclosure projects. Our processes and expert evidence can be relied on to stand up in court.
Through Kroll Ontrack consultants, you gain a pool of resources unmatched in the industry, along with knowledge of how the largest corporations face litigation, regulatory and internal investigation issues similar to yours.
