Friday, March 13, 2009

Ouch. Guidance Software loses suit when unable to produce its own e-discovery.

Here is an interesting article from over at Law.com about a little litigation issue that Guidance Software was involved in.

When ordered to produce emails and memos, Guidance was unable to find them after doing an internal investigation.  For the world leader in e-discovery software and training, you would think they would have had a little better success.

Guidance Grilled Over Absent Memos

Kind of makes you wonder.

2 comments:

  1. Larry,

    As an examiner, you're as familiar with the fact that is something simply isn't there, you're not going to find it. Why is everyone jumping on this bandwagon about the producers of EnCase not being able to find emails? Isn't this a matter of retention policy, and doesn't it have nothing to do with EnCase?

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  2. Hey Harlan. As you have probably noticed, I am not much of a band wagon jumping kind of guy.
    However, I will say that I think that when you are a company that is supposed to be at the pinnacle of an industry, and you don't follow best practices in your own business, it leaves you open to some criticism.

    Also, as you know, the hardest cases are the ones where you don't find anything. You tend to end up spending a lot more time just trying to prove to yourself that you were thorough enough.

    I think in this case, Guidance would have been better served to hire an independent firm to do the work for them, rather than putting themselves in the position of being suspect because it was an "internal" investigation.

    Just like when the police do internal investigations, it seems that the outside observers are a little suspicious, since it is a case of the fox guarding the hen house, so to speak.

    I guess I should have put all of that into the post. lol

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