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Meeting e-Discovery Requirements

Request a DemoToday's IT organizations need to be prepared to meet the new electronic discovery (e-Discovery) requirements recently enacted by the Federal Rules of Civil Procedure. With FaceTime solutions you can respond effectively and minimize the risk and liability surrounding instant messaging use and benefit from proven integration with your existing storage, email and records retention systems.

What is e-Discovery?

Effective December 1, 2006, a number of substantive revisions were made to the Federal Rules of Civil Procedure (FRCP). Some of the most significant changes appear in Rule 26, which governs the production of evidence in most federal court cases, and in particular as the rule applies to electronic stored information (ESI). ESI covers any and all information that can be stored electronically - including email, instant messaging threads, Skype chats and other forms of electronic communication. In a nutshell, the changes to the FRCP require organizations to manage their data in such a way that this data can be produced in a timely and complete manner when necessary during legal discovery proceedings.

New provisions of the FRCP require companies involved in litigation:

  • To be prepared to discuss how and where they store their ESI early in the pretrial proceedings
  • To preserve their ESI in a compliant manner and produce it with specified metadata intact.
  • To produce their ESI quickly according to discovery timelines.

Preserving electronic evidence requires IT action because routine storage and archiving operations can alter and destroy such evidence.

The Risks of Non-Compliance

Unlike some more specific compliance regulations, e-Discovery rules affect every type of company in every industry. If you can be sued, the rules apply. Failure to comply can mean fines, sanctions, executive liability, and other far-reaching effects on business and the bottom line.

Backup vs. Retrieval

It's important to realize that backups are not archives when it comes to retrieval. A properly configured and managed archive makes it simple to locate the required documents, whereas a 'brute-force' backup system will likely require companies to hire information recovery experts to perform the same task. The cost of hiring in this type of expertise can cost as much as $3,500 per backup tape.

Larger organizations have adopted archiving for their email records to assist in meeting the compliance requirements of other regulations, but far fewer have adopted the same disciplined approach to instant messaging and other real-time communications records. In these days of multi-channel communications, a unified system of electronic messaging archival that not only encompasses the requirements of all relevant compliance legislation but also the content generated by all electronic messaging systems (email, instant messaging, VoIP and web conferencing chat logs, P2P conversations, and more).

Learn more about the e-Discovery regulations and how your business can prepare. Download the FaceTime Communications white paper The Impact of the New FRCP Amendments on Your Business by Osterman Research.

How FaceTime Can Help

FaceTime's real-time communications security and control solutions are designed to help companies meet the strictest of regulatory and corporate compliance requirements.

Feature Benefit
Log and archive all real-time communications conversations, file transfers, and associated metadata in a centralized, tamper-proof environment Reduce costs from having to piece together conversations from PCs, backup tapes, servers, smartphones, USBs, and other devices
Auditing and easy retrieval of stored information based on granular searches of keywords, users, time frames, and more Meet e-Discovery deadlines and minimize financial exposure; integrates with existing email storage and archiving systems
Enforce company policy to exclude or block the use of public IM, P2P, and other unmanaged real-time communications Prevent the existence of relevant IM records that may be missed and undermine company policy

Additionally, as the only solution that offers TrueComplianceâ„¢, FaceTime IMAuditor specifically addresses the following requirements for e-Discovery compliance:

  • Message anti-tampering checksums for non-repudiation
  • Full binary message capture for hidden messages
  • File transfer archival
  • Real-time ethical boundaries
  • Guaranteed message order preservation
  • Guaranteed delivery to audit database and archival system
  • Enforcement and validation of the audit trail
  • Seamless integration with major email compliance and WORM storage systems
  • 360-degree audit of all users including system administrators and content reviewers

Many of the world's leading enterprises are using FaceTime Enterprise Edition today to help them meet compliance regulations without breaking the bank. Find out how your company can benefit from this approach today.

Learn more about FaceTime Enterprise Edition for management, control and compliance of real-time communications in the enterprise.

E-Discovery Compliance in an IBM Lotus Sametime Environment

E-Discovery Compliance in an Microsoft® Live Communications Server Environment



 
 
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