White Papers

Authenticity: The Gateway to Admissability

The pervasive use of electronic records is resulting in a spectrum of new legal rules (statutes, regulations, case law and litigation rules) regarding the retention and production of information – from what is retained, to how and how long it is retained, to its accessibility and even the way electronic records demonstrate their authenticity. To meet all these changes in the legal policies governing the management of records, organizations need to engage highly automated electronic records management and enterprise content (ERM/ECM) application and storage solutions that intrinsically manifest:

• The flexibility required to incorporate new requirements,
• The capability to meet the ever-increasing performance standards regarding both maintaining a record’s integrity over time as well as assuring its accessibility in less time, and
• The capacity to generically produce management evidence that provides detailed documentation of the processes by which the records were managed since they were created.

The 2006 revisions to the Federal Rules of Civil Procedure (FRCP) or (the Federal rules) manifest many significant legal changes, particularly with respect to the legal policies regarding the management of electronically stored information (ESI). The key consequences of these new rules are the increased risks (and associated costs) of failing to policy-manage ESI. For progressive organizations, the new rules also provide a compelling case for proactively managing and protectiong ESI – from the time it is created through the generation of defensible evidence relating to the management of the processes.

With the continuing rapid growth of litigation, retention processes, which both ensure record integrity and also provide record accessibility (facilitating timely production), have assumed newfound importance. Record integrity and timely production of ESI are now essential goals for all organizations. In support of these two objectives, this white paper seeks to:

• Identify how the FRCP provide opportunities, through the improved management of electronic records, to achieve certain legal advantages – particularly with respect to the new rules that directly address discovery of ESI.
• Provide an assessment of how EMC’s Centera Compliance Edition Plus storage system can facilitate retaining electronic records with a higher level of trustworthiness and credibility – thereby also achieving a legal advantage.

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