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FRCP Still Posing Challenges

Year-old rules for legal e-discovery still flummox both legal, IT departments

From Laptops to Tape

"One of the biggest challenges of the FRCP amendments isn't so much the challenge of getting data from enterprise servers, but the challenge of getting information from desktops and laptops," says Nicole Egan, chief marketing officer at e-discovery vendor Autonomy. "Often-times, the folks named in litigation tend to travel a lot, so it's difficult to put a legal hold on traveling laptops -- it's a big pain point."

The exec described the situation at one firm, which sent a small army of IT staff around the U.S. to implement a legal hold. "In one extreme case, 300 people were put on planes to take images of desktop and laptop hard-drives."

"We still see a large amount of organizations out there trying to meet the presentation request [for information] by ceasing to recycle their backup tapes," says Dave Campbell, senior product marketing manager of Symantec's Enterprise Vault division.

In a survey of some 450 IT professionals earlier this year, the vendor found that almost 70 percent of firms were keeping hold of their backup tapes for longer than they would normally, in case of a legal dispute.

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