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•Guest Column: Preparation Is The Best Defense When Litigation Emerges And Getting It Wrong Costs Plenty

By Howard Haile, DCIG LLC

Recently I had an opportunity to attend an interesting presentation by John Mallery of BKD, LLP that was given to a group of IT industry professionals regarding how to protect trade secrets and the use of forensics to identify wrongdoing. A large part of his speech focused on eDiscovery and FRCP and how companies must understand the importance of having an eDiscovery strategy. But, the part that really struck home with me was when the presenter asked the crowd of around 60 or so participants who knew what eDiscovery and FRCP was. Stunningly, only three people, including myself, raised their hands. Now this is by no means a scientific measurement of companies and their knowledge of eDiscovery, but it was surprising to me none the less and, unfortunately, it is probably closer to reality than most of us would like to admit.

As companies are faced with lawsuits involving eDiscovery one thing that is quickly discovered is a lawsuit today is much different than in the past. With the advent of electronic records and the associated mass quantity of records being generated, opportunities that could be helpful or, conversely, detrimental to a case can be identified. In either scenario costs are involved, and only through understanding how to approach mass volumes of electronic documents and how to retrieve the proper information can informed decisions to be made that best protect a company. Using this information to build a proper defense is vital and there is no substitution to being prepared and understanding the evidence against you.

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•Guest Column: Preparation Is The Best Defense When Litigation Emerges And Getting It Wrong Costs Plenty