E-Discovery and the Federal Rules of Civil Procedures

CHAPTER 5: IDENTIFYING AND ASSESSING E-DISCOVERY RISKS

Becoming informed

The first step to assessing any compliance related risk is to thoroughly understand the requirements that have to be met. In addition to reading this book, studying the amendments themselves (and especially the committee notes that accompany them) is highly recommended. They can be downloaded from the web site maintained by the Administrative Office of the US Courts. The current URL is: www.uscourts.gov/rules/EDiscovery_w_Notes.pdf.

Assessment approach

An organized approach is needed to identify and assess an organization’s E-Discovery risks. The checklist in Appendix 1 (see page 54) is designed to assist IT risk management professionals with identifying gaps between ...