Wednesday, October 6, 2010

Digital Copiers May Soon be Targeted by eDiscovery Requests

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A report recently released by Law.com cites a CBS study, which found digital copy machines may soon become targets of eDiscovery requests. The drives on the machines involved in the study contained several thousand documents in some instances. However, some of them were not available without the use of forensic software.

Law.com reports that many legal IT experts believe organizations including digital copiers in discovery requests must understand that they store data differently than computers. Furthermore, since they are not subject to retention schedules, some requests may yield little evidence.

While the news provider reports including a digital copier in a discovery request can be successful, relying on it as a primary source of evidence is not advisable. This is especially true as many organizations have started using software designed to completely erase drives on their digital copiers, since they are not subject to retention regulations.

Even as Law.com advises seeking evidence other than that gathered from digital copiers, eDiscovery advisors should be aware of the technology. With major firms hiring entire staffs specifically for eDiscovery, including an IT specialist as part of the team and outlining a clear process will help improve the outcome of eDiscovery requests.

Read more here.

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