In many cases the majority of the data required to support litigation resides on offline tape. This requires IT and Legal to collaborate on a solution. At Index Engines, more and more often we are seeing IT retroactively going back to old tapes, pulling off relevant data onto litigation hold, and putting a more responsive environment into place for future litigation. This approach eliminates much of the fire drill commonly associated with reactive eDiscovery. Enabling access to tape data before a litigation crisis occurs, allows enterprises to control costs, and avoid disruptive IT requests.
During retroactive litigation support, going back to old tapes and pulling responsive data off tape, we see a shift occurring. Previously IT was always responsible for the burden of producing tape content. They didn’t have an easy way of enabling access to it – and the costs and time associated with getting to this data became part of the legal burden argument.
As IT implements the Index Engines automated tape discovery solution, data on tape becomes easily accessible. Now legal can no longer transfer the burden argument onto IT. IT is putting a discovery solution in place that eliminates the burden argument and they are passing the discovery problem over to legal. With the backup data accessible the challenge becomes one of sorting and classifying the reams of information stored. The decision of what to hold and what to toss becomes a legal decision, and IT is off the hook.