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The Perils of E-Discovery: How To Avoid E-Disasters

ENR Magazine - June 4, 2012

Kathleen Seligman was quoted in an article, "The Perils of E-Discovery" which appeared in ENR Magazine.

Article excerpt:

The Perils of E-Discovery: How To Avoid E-Disasters

"All it takes is one e-mail among a few million under today's rules of e-discovery. Maybe one was an offhand joke about delays or an angry post to the construction manager telling him to buzz off about the crew's safety procedures (before somebody got hurt). Maybe the firm's outdated retention policy has created too many backups, and all that data has to be produced. In a lawsuit, any of these examples could be costly—even a smoking gun.

Firms may have to retain and produce millions of e-mails in addition to an expanding universe of unique file formats, such as BIM, CAD, Primavera, accounting systems and more, depending on the nature of the claim and discovery request.

In a construction industry that has embraced tablets, smart devices on jobsites and sophisticated cloud-based tools, the stakes and costs of complying with the rules of civil procedure are growing alongside the ever-expanding digital universe. For a typical two-year project, that can mean millions of documents to be stored, or roughly 50 megabytes per principal that would be discoverable if necessary. And the costs of retaining, producing and reviewing only the relevant data are skyrocketing."

For the full article, please visit the ENR website.