What is eDiscovery?

In the next year, the majority of organizations will be ordered by a court or a regulatory body to produce employee emails. If and when this happens to your organization, you will start a process of email archive migration.  eDiscovery, as it’s more commonly known, is the legal process of identifying, securing, collecting and producing electronically stored information – such as email – in response to a request for content production in a lawsuit or government investigation.

Email Archive Migration eDiscovery Concerns

Like many organizations, you have reached the point where you need to migrate your current legacy archiving system to another vendor or solution – the result of changing IT strategies, requirements for additional functionality, cost concerns or your current product no longer being supported.

Unfortunately, the majority of the migration technologies available have not been designed to maintain the fidelity of the archived email message nor to provide a defensible chain of custody in the event of a discovery order.

Before planning a migration, IT teams and records managers should speak with their corporate legal department or outside law firm to discuss and address the following:

  • Is our organization currently involved in any lawsuits?
  • Is any content in our legacy archive currently under a litigation hold?
  • Are we anticipating future lawsuits?
  • Is maintaining archived content in its original state, including metadata, a requirement due to current or anticipated litigation?
  • Can archived legacy data be migrated to a new platform while maintaining legally defensible chain-of-custody?
  • Does our current legacy archive utilize short-cuts/stubs as a storage management capability?
  • How will corrupt messages be identified and handled during migration?

Whenever enterprise data is moved, migrated, or disposed of, care should always be taken to ensure legal requirements are not being overlooked. If you are planning to migrate your email archive, ensure you work with a migration services provider that fully understands your legal responsibilities.