Thursday, May 7, 2009

pt2. Electronic Evidence is Everywhere....Get A Grip!!!

This thing called eDiscovery is not new and I fail to comprehend why some still take it so lightly as it is not for the novice or "faint at heart". As our world has evolved resulting from the efficiencies presented by great minds like Bill Gates, Steve Jobs and other IT geniuses; our "privacy" is no longer private. The moment you log on your computer or sign on the Internet you are exposed.

What makes one think that full disclosure is not required? It shocked me this morning while catching up on news articles to read the following case opinion recently released on May 6, 2009 by K&L Gates:

Granting Motion to Compel, Court Orders Appointment of Independent Expert "to Retrieve any Deleted Responsive Files from Defendants' Computers"

If there is one thing that world should have learned from our most recent Presidential election is that TRANSPARENCY across the board is the new standard. Could this have been avoided with the proper Early Case Assessment Consultation?

Yes! Going into or responding to a legal or regulatory inquiry without mitigating the risk through an Early Case Assessment Consultation is not smart by any means.