Developing a plan to deal with the new
amendments to the federal rules of
Civil Procedure.
To help your organization address these new provisions, Daticon provides a new Accessibility
Readiness Assessment Service.
Recent Amendments
The Amendments
to the Federal Rules of Civil Procedure (FRCP) took
effect December 1, 2006, changing the way electronic
discovery is conducted in federal litigation. Litigants
that can prove significant time or cost burdens of
retrieving certain electronically stored information may
not be required to produce this information in legal
proceedings. However, many companies lack the
information and processes to demonstrate which of
their data sources are accessible or inaccessible.
"There is a presumption underlying the changes to the
FRCP that companies involved in litigation understand
where all of their records are, as well as the relative
accessibility of those records," said Michael Clark,
managing director of EDDix LLC. "Our view is that
corporations that wait until the 'early meet and confer'
stage to map their records topology are setting
themselves up for some nasty surprises, which will be
both expensive and will potentially disadvantage them
in litigation. There is no question that the new rules
provide an opportunity for one party to gain the upper
hand in litigation- leverage will likely accrue to the
party that is best-prepared."
Despite these changes, only seven percent of corporate
attorneys view their companies as being prepared for
the new rules.
The Solution
Leveraging Daticon, the
Accessibility Readiness service is designed to help you better understand your
data, including where it is located and how it is
mapped within data sources, resulting in a plan that
helps determine which information you should declare
as inaccessible.
Service Benefits
•
Mapping of your organization’s data, which can be used to prepare
for EDD disclosures and to make decisions about which data types
to restore, translate, decommission, migrate, etc.
•
Effective preparation for the early meet & confer
conferences that require advance disclosure of the
sources of electronically stored information.
•
Helping to make the business case for converting
inaccessible data to more accessible formats, as
well as addressing the compliance environment to
determine if certain data types can be safely deleted.
Service Benefits
•
Analysis of the organization’s IT infrastructure,
including on-site, remote, and partner data stores,
with reports that summarize accessibility status for use
in meet & confer conferences.
•
Evaluation of the organization’s data types, including
the difficulty of collecting, processing, and reviewing
each data type to establish the burden and cost of
each endeavor.
•
Evaluation of the organization’s software and
hardware configurations to document timelines for
hardware/software upgrades, data migrations, and
decommissions.
•
Selection and preparation of internal and external
personnel who can testify on the inaccessibility of this
data to the courts.