eDiscovery - Rule 26(b)
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Rule 26(b)(2)(B) puts the obligation on a producing party to search for and produce relevant and non-priviledged information electronically stored information.
Parties need to only search and produce from "Resonably Accessible" sources of electronically stored information. Parties must also identify those sources which it
regards as "Not Reasonably Accessible". But if the circumstances of the case with proof of good cause justifies the burden and costs, "Not Reasonably Accessible" data
must be searched. Typical examples of "Not Reasonably Accessible" data are: magnetic backup tapes used for disaster recovery purposes; legacy data store on
on obsolete and unused media; and information on databases not programmed to produce the information sought.
The need for eRetention, or information retention, arises when a "litigation hold" process is required. Organizations are now under the obligation to preserve
discoverable evidence in electronic form pending discovery can arise before filing a complaint. These obligations arise as a necessary implication of the obligation
to spoliate evidence needed for trial. Certain statutory or regulatory retention requirements can also create preservation obligations. Criminal penalties can be invoked
against someone who destroys information in contemplation of a federal investigation.
The onset of preservation obligations occurs by a "triggering" event. Some examples of triggering events are: receipt of a pre-suit demand; the formal filing
of a complaint; or in some cases, sufficiently predictive pre-litigation events. Organizations must now carefully asses the "routine" operations of their
information systems. Businesses must exercise "Reasonable and good faith efforts" to identify electronic information that may be relevant. But it is
unreasonable to expect parties to take every conceivable step to preserve all potentially relevant electronically stored information.
SearchIn - The eDiscovery Solution for Rule 26(b)
SearchIn allows organizations to respond to the requirements of rule 26(b) with keyword query
searching of electronically stored documents. Search queries can be targeted down to specific metadata fields, file attributes, or file content. Search
query results can be acted on immediately to provide comprehensive data management capabilities.
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Users can organize and manage their electronic documents through a legal discovery process by assigning metadata tags to files including retention dates.
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BlackBall's SearchIn family of products can easily manage all of your rich media and/or unstructured file types. The
SearchIn unstructured database is tightly coupled with a file management system, and search engine technology so you can find any data any where, while
keeping track of the relationships between different sets of data.
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