The policy implementation time frame is coming from our lawyers. This will be implemented on a go-forward basis and everything will be saved until litigation is over. User's will just have to begin to comply with it and as soon as the current litigation is over, poof, it's all gone. At this point, we're not trying to stop them anymore, just trying to deal with the huge bus that is coming right at us.
On Wed, Jan 19, 2011 at 5:31 AM, James Costello <[email protected]>wrote: > Craig, > If you are still in litigation, this is a bad time to implement the > policy. If the opposition does not find what they want and gets a court > order for another round of discovery, the implementation of this policy at > this time will appear as though the company is trying to hide something. > Once litigation is initiated all auto-deletion has to stop anyway. If the > lawyers insist that the policy be placed in effect immediately, you could be > personally liable for implement. > The one way around it would be to set a rolling implementation time frame, > one that would allow you to caution your users well in advance that their > archives are going away. Theoretically, if you do not know that someone is > moving that data elsewhere, you can't discover it. However, you would need > to be monitoring your local systems (and file shares) for pst files. > I've gone through eDiscovery with two previous employers, both ended up > handing copies of everything over and hoped to overwhelm the opposition. I > left both employers before litigation completed and was never called to > testify, so I missed out on portions of it. One corporate council tried to > implement a similar policy and dropped the push after we sat down and talked > about what it would look like to the judge to implement something like this > in the middle of litigation. > Hope that gives you a little bit of ammo to go back to the attorneys and > ask for a delay in implementation. > James > > > > > On Tue, Jan 18, 2011 at 10:41 AM, Craig Freyman <[email protected]>wrote: > >> Jack - the ediscovery costs of a current litigation we're in are >> astronomical. This is where this reactionary policy is coming from. >> >> On Tue, Jan 18, 2011 at 8:37 AM, Jack Daniel <[email protected]>wrote: >> >>> On Mon, Jan 17, 2011 at 1:56 PM, Bill Swearingen <[email protected]> >>> wrote: >>> > I dont understand why you wouldnt want to comply with policy? >>> > The reason the lawyers have made this decision is because of >>> ediscovery. If >>> > their is a policy (and technical restraints) to not keep stuff past 60 >>> days, >>> > then they cant be requested to discover email and documents older than >>> that. >>> > Sounds like you are looking for a good way of being fired! >>> > $0.02 >>> > >>> Good point Bill, but I interpreted the request as trying to cover all >>> the bases to help enforce the policy, and framed answers as such. >>> >>> That said, this is such a bad policy that it will be defeated. People >>> are going to do their jobs, in spite of policy- you are much more >>> likely to be disciplined or fired for not doing your job than you are >>> to be disciplined for not following policy (at least in almost every >>> biz I've ever dealt with) >>> >>> This shows it isn't just us security types who ignore the realities of >>> business when crafting policy. The dangers of e-discovery damage would >>> have to be insanely high for this to be in the best interest of the >>> company as a whole. But, we security types ask for dumb stuff all the >>> time, too. >>> >>> Jack >>> _______________________________________________ >>> Pauldotcom mailing list >>> [email protected] >>> http://mail.pauldotcom.com/cgi-bin/mailman/listinfo/pauldotcom >>> Main Web Site: http://pauldotcom.com >>> >> >> >> _______________________________________________ >> Pauldotcom mailing list >> [email protected] >> http://mail.pauldotcom.com/cgi-bin/mailman/listinfo/pauldotcom >> Main Web Site: http://pauldotcom.com >> > > > _______________________________________________ > Pauldotcom mailing list > [email protected] > http://mail.pauldotcom.com/cgi-bin/mailman/listinfo/pauldotcom > Main Web Site: http://pauldotcom.com >
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