SaaS And E-Discovery Dangers — InformationWeek

Litigation may be the last thing on IT’s mind as it evaluates software-as-a-service options for the enterprise. Unfortunately, litigation and e-discovery–the act of finding, preserving, and analyzing electronic information–are facts of life. If your company gets dragged into a lawsuit and relevant information is stored inside a provider’s cloud, you need to know that information is available on demand.

That’s why IT should add e-discovery criteria to its list of considerations when evaluating SaaS providers, particularly when looking at services such as hosted e-mail and e-mail archiving, PC and file-share backups, and other information sources that create a legal data trail. No company wants to find that a SaaS application it purchased to streamline operations suddenly has become a major hurdle to its e-discovery obligations.

Fortunately, many of the criteria, including storage and performance, that IT already uses to evaluate SaaS providers can be applied to e-discovery. However, there also are e-discovery-specific requirements that must be considered, such as fine-grained control over retention and disposition of data, and the ability to quickly retrieve information from the service provider’s system.

via SaaS And E-Discovery Dangers — InformationWeek.

Delaware courts evolve to meet litigants’ needs | delawareonline.com

Seal of Delaware.
Image via Wikipedia

Last week, the state’s Superior Court system — which handles civil and criminal cases along with business lawsuits — established a division designed specifically to give corporate litigants a more focused, predictable forum.

The stakes of upholding — and when possible, improving — the nation’s perceptions of Delaware courts are huge. Yet there is some evidence that big corporate lawsuits are already going elsewhere, and that Delaware’s dominant status is slowly slipping away — possibly for good.

Without that reputation, the state is at risk of losing the big firms that incorporate here and help fuel the economy with millions in tax revenue, observers say. Others doubt Delaware is in any real peril, and have faith that the high standards of its judges and the depth of its case law will continue to outclass any other jurisdiction.

But that doesn’t mean the people who operate Delaware’s system never question the status quo.

Over the years, Delaware has repeatedly tweaked its system to keep pace with the needs of litigants — with more success in some cases than in others.

There’s a recognition here that when they’re able, big companies will “shop” for jurisdictions that offer advantages — litigants want a court that is knowledgeable, reliable, and efficient enough to avoid long, expensive proceedings.

via Delaware courts evolve to meet litigants’ needs | delawareonline.com | The News Journal.