EDISCOVERY & LITIGATION
HOW ARCMAIL SUPPORTS EDISCOVERY & LITIGATION
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:
- Comprehensive indexing: ArcMail’s archiving process indexes every single word of every document, email, attachment, and other electronically stored document, collecting all metadata and content in preparation for search and discovery. This enables much faster and accurate searching during an eDiscovery.
- Litigation of legal hold capability: ArcMail’s litigation hold capability automatically suspends the retention policies of any documents placed into the hold, with the suspension indefinite until such documents and other electronic information are released from the hold by the organization’s legal counsel.
- Basic and advanced search capabilities: ArcMail’s basic user interface is designed to be used by non-technical staff to find and retrieve any electronically stored information quickly and efficiently by retrieving only targeted content. ArcMail’s advanced search capabilities make it easy to create complex Boolean searches to locate specific content within documents regardless of format or standards. Users’ advanced search parameters can be saved and re-used as a template for recurring searches. The results of both basic and advanced searches can be placed directly into a litigation or legal hold.
- Retrieval of data that originated from various sources: ArcMail archiving solutions enable search and retrieval of different types of data (email, attachments, system files, MS SharePoint, social media, and other electronic information) that were originally imported into the archive from various locations and sources. All of this data can be placed into a litigation or legal hold pertaining to a particular case or instance.
- Easy export of data from the hold to opposing legal counsel: ArcMail makes it easy to produce the litigation or legal hold data in any format required for export, such as PST, EML, and MBOX, enabling compliance with any format requirements imposed by the courts or opposing legal counsel.
- Data security and immutability: ArcMail’s comprehensive data security and immutability measures mean that the organization’s data cannot be deleted or modified from its original state, making it easy for their legal counsel to authenticate the creation and integrity of the documents contained in the hold