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Federal Rules of Civil Procedure (FRCP)

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In a recent survey, it was found that large U.S. companies are already concurrently managing 556 cases on average, with an average of 50 new disputes emerging each year for close to half of them. Moreover, due to the rules now requesting Electronically Stored Information (ESI) in its “native format” Metadata is now particularly important.

Metadata provides important information about an electronic file, such as creation date, author, and change/edit history. By implementing a Metadata management process organizations can protect themselves from damaging metadata eDiscovery.

The knowledge gained from close inspection of ESI’s metadata, which is unavailable when ESI is produced as hardcopy or graphic, can be extremely useful and dangerous. For example, the date when a certain document was created or edited can be the smoking gun to make or break cases.

Without proactive metadata management organizations are subject to business risk and court sanctions. A defined, defensible metadata management process is necessary for protection under Rule 37(f), the “Safe Harbor Rule”. Rule 37(f) may offer companies protection if metadata is removed as part of “routine, good faith” process that is well defined, documented, and followed.

Workshare Protect for FRCP ESI Compliance
Workshare Protect provides organizations the ability to manage their metadata in a similar manner as email/document retention and enforce secure document formats (i.e. PDF). With Workshare Protect organizations can document and enforce metadata management policies/procedures, remove meta-data as normal business practices and find and preserve metadata for eDiscovery requests.

Benefits:

  • Eliminate eDiscovery disasters and sanctions resulting from risky metadata
  • Reduce the risk of lost business and reputation
  • Comply with the newly amended FRCP
  • Reduce document review time by over 50%
  • Improve metadata management consistency and efficiency across entire organization
  • Secure content by removing hidden metadata before distributing

Learn more about Protect for FRCP ESI Compliance

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