Clawback Enforcement

As shown in the e-Discovery Team Blog on Clawback Enforcement, the wrong vendor selection can potentially cost you much more than the price per GB. Qualifications must be the first criteria followed by ethics, infrastructure, and finally price. Get the first three right and price should follow. Traditional e-Discovery firms were born from the days of paper discovery. Do you really want the person who used to copy your paper producing your Electronically Stored Information?

In addition to the wrong vendor, utilizing self-collection is just as dangerous and can be extremely costly. In an opinion regarding self-collection, Southern District of New York Judge Shira Scheindlin states that “most custodians cannot be ‘trusted’ to run effective searches because designing legally sufficient electronic searches in the discovery or FOIA contexts is not part of their daily responsibilities. Searching for an answer on Google (or Westlaw or Lexis) is very different from searching for all responsive documents in the FOIA or e-discovery context.”

Beyond the apparent conflict of interest, most companies simply do not have the know-how, tools, or time to perform the proper preservation and an effective ESI search. At Harbinger, all eDiscovery identification, collection, processing, and production are handled by qualified Computer Forensic Experts who understand the data being reviewed and produced to opposing parties. Don’t risk sanctions, improper productions, or inadvertent disclosures.