RE: E-Discovery

["Ken Kousky" <kkousky () ip3inc com>]

E Discovery are the rules that apply for litigation so you need to be involved in a tort - a legal dispute to be using 
e discovery. We mostly think about it defensively, in case we are someday involved in a suit. 

The courts have become more aggressive at forcing companies to produce documents in such a dispute or else ordering 
that "adverse inferences" be drawn, which means that the missing data should be assume to be the most damaging possible 
- otherwise the party would not have lost the data in the first place. Morgan Stanley can attest to the millions of 
dollars of damages that can be awarded under such circumstances. 

Hope that might get you started but if you're already actively engaged in an ediscovery situation, talk to your lawyers 
first, last at all points in-between.

Regards
KWK
-----Original Message-----
From: listbounce () securityfocus com [mailto:listbounce () securityfocus com] On Behalf Of Elizabeth Tolson
Sent: Tuesday, May 15, 2007 12:50 AM
To: Craig Wright; Simmons,James; david.a.harley () gmail com
Cc: security-basics () securityfocus com
Subject: E-Discovery

Is there anyone on this list who uses or does E-Discovery.

This is something that interests me and I would love to chat with someone who does, in fact, use or conducts 
E-Discovery.

Thanks

Elizabeth