A recent study by King and Spalding published in the Duke Law Journal shows that penalties for eDiscovery violations have reached all-time highs. The study states, “Producing parties have struggled to comply with ever-expanding and increasingly complex responsibilities as ESI has played a predominant role in pretrial discovery”.
In order to avoid sanctions organizations need to reevaluate their ESI collection strategy. Index Engines is focused on solving the exact issues highlighted in the study. Delivering a platform that can process large volumes of data quickly (1TB/hour) and cost effectively (<$50/GB) is only the beginning. Index Engines method of identifying and collecting ESI from complex sources such as email databases, forensic images and backup tapes delivers more forensically sound and defensible ESI vs. old-school methods that rely on traditional tools such as MAPI and data restoration. The study found that of the 401 cases that were analyzed through 2009, sanctions of more than $5 million were ordered in five cases, and sanctions of $1 million or more were awarded in four others. It is time to re-evaluate your ESI collection tools. With new regulations, and oversight the trend of steep penalties will continue to grow.