E-Discovery; The Latest ECM Driver

Without a doubt, one of the major factors driving ECM implementations is the rising tide of legislation and litigation. In the United States, there has been as much as a 50 percent increase in the filings of class action lawsuits in the past year, half of them related to the financial crisis. (San Francisco Business Times, December 2008) Most of these will rely heavily on electronic discovery, a trend mirrored in the Canadian landscape. "It would appear almost inevitable that we will see parallel decisions in Canada to the precedent-setting electronic document litigation matters in the United States." (The Lawyers Weekly, February 2007) During these actions, courts may order the discovery of any and all documents, including those on paper, in e-mail, instant messages, and audio logs.

When a discovery order is issued, it may be necessary to freeze data stores, preventing the accidental or deliberate deletion of documents. Failure to comply with these directives can result in significant fines, negative rulings, exclusion of evidence, default judgments, and worse. As noted by IT World Canada, "The price of failing to comply is significantly higher than what it could cost to install the appropriate tool. Credibility can be destroyed and penalties imposed that can bankrupt a small business." (IT World Canada, May 2008).

Read more about the ECM solutions offered by MES Hybrid Document Systems and find out how you can minimize your risk when faced with E-Discovery. Find Out More

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