SOURCE: ZANTAZ, Inc.

September 21, 2006 08:00 ET

Federal Rules of Civil Procedure Amendments Require Best Practices to Properly Preserve and Access Electronic Content

ZANTAZ Outlines Amendments, Their Impact on Archiving Electronic Content, and How Best to Prepare for the FRCP Changes to Ensure Effective Discovery Processes

PLEASANTON, CA -- (MARKET WIRE) -- September 21, 2006 -- ZANTAZ, Inc., a global leader in content archiving and electronic discovery solutions, has developed a set of best practices for responding to the imminent, complex changes to the Federal Rules of Civil Procedure (FRCP) regarding electronic discovery. The changes, which have been generally recognized for some time, become official on December 1, 2006. Companies adopting these best practices can minimize the cost of the electronic discovery process and ensure effective litigation in the Federal Court System. The best practices are being distributed free of charge in the form of a white paper authored by Russ Yoshinaka, Esq., senior director of Legal Affairs at ZANTAZ. The white paper is available for download at the ZANTAZ website: http://www.zantaz.com/news/resources/white_papers_list.php.

In addition to the best practices, the white paper also includes extensive information on the FRCP changes and how the changes will impact corporate policies pertaining to electronic discovery and the archiving of electronic content.

"The changes to the FRCP put additional pressure on organizations to develop systems and processes that make them more accountable for preserving and producing data for electronic discovery requests," said Steve King, president and CEO, ZANTAZ. "Through years of experience developing and refining the electronic discovery process, ZANTAZ has crafted key best practices that will help companies maintain control over the information they have, the information they should delete, and how to access the information they need to respond to litigation."

For all U.S.-based organizations and some multi-nationals operating in the U.S., these rule changes, which for the first time specifically reference electronically stored information including email as evidence, will have a dramatic effect on the amount of time and money spent preparing for litigation. Failure to be prepared for these changes can result in higher costs for "rush" discovery requests and present a greater likelihood of lost lawsuits.

"Corporations can minimize the risks of high discovery costs and discovery sanctions by following ZANTAZ' best practices for effectively collecting, preserving, and accessing electronic content relevant to litigation," Yoshinaka said. "As a result of implementing these best practices, ZANTAZ customers have successfully integrated content archiving and electronic discovery processes that enable them to address the concepts embodied within the amendments to the Federal Rules of Civil Procedure."

Briefly summarized, the ZANTAZ best practices for electronic discovery preparation are:

--  Establish routine, good faith data deletion. FRCP changes give
    companies a limited so-called "Safe Harbor" upon which to formulate a data
    deletion process. However, the process must first be "routine." This is
    most readily accomplished by an electronic data archiving system that can
    be configured so as to allow for regularly scheduled, systematic deletions
    of data based on parameters suitable to the customer's internal policies or
    external requirements. In addition, all data deletion must be done in "good-
    faith." This means that the routine process must include the ability to tag
    and preserve data that is subject to potential litigation, which again is
    most readily accomplished by an electronic data archiving system.
    
--  Know what data you have and in which format it exists. FRCP changes
    provide a mechanism by which a party to a lawsuit can claim that it need
    not search certain sources of information due to an undue burden or cost.
    But to take advantage of this rule, the party must be able to identify
    these sources and have enough information regarding the nature and content
    of these sources in order to defend its argument.
    
--  Address the most important content first. According to the Enterprise
    Strategy Group (ESG), email represents a staggering 75 percent of all
    corporate intelligence, and in 2005, according to Corporate Counsel
    Magazine, U.S. organizations spent a total of $5.8 billion to analyze
    emails for discovery purposes. Several million-dollar fines have been
    levied against corporations in the last few years for failure to capture,
    preserve, and produce email. Email should be among the first types of
    content companies properly capture and preserve.
    
--  Outsource the archive process to a trusted third party. With the
    December 1st deadline rapidly approaching, companies need to act now. With
    a hosted, or "on demand," archiving solution, companies can rely on an
    experienced partner to get their electronic information organized,
    accessible, and ready for discovery in a matter of days or weeks -- not
    months or years.
    
--  Ensure that policies established for data deletion are integrated with
    the archive, and that both the policy and the system allow for "legal
    holds." While the rule changes require companies to integrate data deletion
    into the archiving system, companies should ensure the flexibility to
    initiate "legal holds" to prevent automatically deleting information
    relevant to pending litigation.
    
--  Keep all electronic data with a single vendor to manage risk and limit
    costs. The FRCP changes add even greater complexity to already complex
    information management processes. Relying on a single, trusted partner that
    provides a complete offering of content archiving and electronic discovery
    solutions can reduce complexity, help manage costs by centralizing all
    project management duties and data-processing tasks, and reduce the risk of
    tainting the "chain-of-custody."
    
For the complete white paper, which includes more detailed information about the FRCP amendments and how to implement these best practices, please visit the ZANTAZ website at http://www.zantaz.com/news/resources/white_papers_list.php.

About ZANTAZ

ZANTAZ is the global leader in content archiving and electronic discovery solutions. ZANTAZ solutions enable organizations to capture, preserve and access unstructured digital information -- including email, IM, files, scanned documents, and other electronic records -- and review and produce relevant documents in a manner that reduces operational risks and costs while complying with legal, regulatory and corporate policy requirements. ZANTAZ solutions are available as on-site software applications or on-demand services, and include a broad set of professional services and integration support. ZANTAZ customers include 9 of the 10 top global law firms, 11 of the Fortune 25 and 14 of the top 20 Financial Securities firms. ZANTAZ, ranked by IDC and Radicati as the revenue leader in email archiving, received the highest-possible vendor ranking in the prestigious Socha-Gelbmann report on electronic discovery. For more information, visit www.ZANTAZ.com or call 800.636.0095.

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