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Invest In Tech Compliance Now, Or E-discovery Could Cost You

Monday, February 04, 2008 02:17 pm

Invest In Tech Compliance Now, Or E-discovery Could Cost You

As electronic data becomes more prevalent, it's critical to understand the process -- and pitfalls -- of "e-discovery." A recent case involving 3,000 relevant emails that were corrupted through software limitations during download demonstrates just how imperative it is to be both legally and technologically compliant.

Electronic discovery is "the exchange of any discoverable information maintained in an electronic format," which can include everything from e-mails and RFPs to bid takeoffs and specifications, explain coauthors Randall Erickson, Theresa Lopez and Julie Harris in their article "E-Discovery: Implications for the Construction Industry" (California Constructor, Vol. 36, No. 12, December 2006). And the scope of ediscovery is broad because it's so easy to copy, forward and search electronic data, they note.

The scope was indeed broad in the case of PSEG Power New York, Inc. (PSEG) v. Alberici Constructors, Inc. (Alberici) (2007 U.S. Dist. LEXIS 66767). Here, the court both considered whether PSEG must take on the tremendous task of repairing and re-producing the 3,000 e-mails and who should bear the high cost of such production.

Handle e-data with care to get it right the first time

The lawsuit arose when PSEG sought damages from Alberic [...]

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