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In essence, IT teams are strategic helpers for enterprise litigation, and the choices they make for the creation, storage, archiving and destruction of information have significant effects on legal and regulatory evidence handling.
What this means is that it’s prudent for the security team to understand the core aspects of e-discovery law and practice. After all, the information lifecycle involves data availability, confidentiality and integrity — all critical security objectives. In addition, security practitioners should note the market landscape for e-discovery solutions and related products, including e-discovery point products, enterprise-search tools, classification systems and records archiving.
So, what’s the essence of e-discovery? Central to US judicial practice since the 1930s is the concept that parties in litigation are entitled to explore the facts fully (often resulting in out-of-court settlements) before presenting their cases to a judge or jury. Courtroom "surprises" may make for good television drama, but US judges frown on surprise as an element of justice.
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