enterprise 2.0

Trent Henry of Burton group says that Logging everything may not be such a good idea. I whole heartedly agree with him, as long as periodic data destruction is part of Information Lifecycle Management (ILM) at your organization. However, destroying data in the face of a e-discovery request is a BAD idea. e-discovery is serious business. Here are some guidelines:

1. An unprepared organization can be crippled with an e-discovery request. Advance planning early in the ILM can reduce or minimize e-Discovery pain.
2. Preserve all data (email, databases etc) that may be relevant, or which may lead to relevant evidence once you get a notice of e-discovery OR legal hold OR are aware of a pending litigation. Asking your lawyer for advice before taking any action is a good idea.
3. Don't wait to stop all automated relevant document deletion after an e-discovery notice has been received. Your duty to stop routine and systematic document destruction is triggered by the filing of a lawsuit (way in advance of discovery) and might under certain circumstances be triggered even in advance of a lawsuit.
4. Destroying evidence by mistake is like "killing your parents and then throwing yourself on the mercy of the court because you're an orphan" (Magistrate Facciola)
5. A digital record is no longer just a digital record, it is a potential evidence in a lawsuit.
6. Many companies tend to settle out of the court in fear of burdensome costs of litigation, now including e-discovery. However, Settlement is NOT Justice (Magistrate Facciola).

Knowing Disregard (i.e. purposely not learning (ignoring) about an unlawful activity) => is same as knowing and not disclosing.