New e-Discovery Rules: The Good, The Bad, and The Ugly
New e-Discovery Rules: The Good, The Bad, and The Ugly
December 1, 2006 marked the introduction of new Federal Rules of Civil Procedure (FRCP).
The “good” news is that for the first time, a framework has been put in place governing electronically stored information (ESI). The “bad” news is that for the first time, a framework has been put in place governing electronically stored information.
The “ugly” news is the current state of information management at most organizations. For the most part, organizations are ill-prepared for the changes that will be coming as a result of the changes in the Federal Rules of Civil Procedure.
Over the past 6 months, AIIM has done extensive surveys on the current state of information management in user organizations. Background on these and other AIIM Industry Watch surveys can be found at www.aiim.org/industrywatch or at the ECM Industry Watch blog at www.aiim.typepad.com.
A new Special Report (www.aiim.org/documents/press/newediscoveryrules.pdf) from AIIM provides excerpts from these surveys on questions specifically tied to the degree of preparation that exists in most organizations relative to the new e-Discovery rules.
Respondents in each case have been limited to companies and organizations headquartered in the U.S. (although it should be noted that the new rules also have an impact on organizations headquartered outside the U.S. but doing business within the U.S.)
A few highlights from the Special Report:
1. 75% describe their e-mail management strategy as “not yet begun” or “much remains to be done.”
2. 67% would “somewhat disagree” or “strongly disagree” with the statement, “There is widespread understanding in our organization of what electronic records are and how they should be retained.”
3. 55% would “somewhat disagree” or “strongly disagree” with the statement, “In the event of a lawsuit, we have clear policies and procedures in place outlining what to do relative to electronic information.”
4. Only 41% of organizations have a formal program in place to address litigation readiness and electronic information.
If Sarbanes Oxley and HIPAA and SEC Rule 17 and the Morgan-Stanley decision weren’t enough to convince organizations to get serious about effective management of electronically stored information, the new federal rules need to be a wake-up call.
About AIIM (http://www.aiim.org) – The Enterprise Content Management Association
AIIM is the international authority on Enterprise Content Management (ECM) – the tools and technologies used to capture, manage, store, preserve, and deliver content and documents related to organizational processes. ECM enables four key business drivers: Continuity, Collaboration, Compliance, and Costs.
For over 60 years, AIIM has been the leading non-profit organization focused on helping users to understand the challenges associated with managing documents, content, records, and business processes. Today, AIIM is international in scope, independent, implementation-focused, and, as the representative of the entire ECM industry – including users, suppliers, and the channel – acts as the industry’s intermediary.
As a neutral and unbiased source of information, AIIM serves the needs of its members and the industry by providing educational opportunities, professional development, reference and knowledge resources, networking events, and industry advocacy.