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E-Discovery Tools: Don't be forced to settle!
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April
10, 2007 |
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Jeffer Mangels Butler Marmaro LLP
Discovery Technology Group releases a white paper that discusses a simple,
elegant and inexpensive way for corporations to be prepared for the new U.S.
federal e-discovery rules, citing RPost services as the recommended solution.
Click here for
white-paper.
Summary
Problem: Not all e-mail is
inconsequential and expendable. E-mail correspondence that commits either
sender or recipient to action, agreement, binding contract, etc. or serves a
required notification function is in effect an electronic document that
should convey the same strengths displayed by a hard-copy document
after-the-fact. However, the inherent shortcomings of simple e-mail thwart
verifiable proof after-the-fact: simple text can be altered by anyone and
sender / recipient alike are unable to prove that the e-mail message
actually was sent and received or contained what is purported to have been
said, at a given time. [Being in a “sent” folder is meaningless as the
document can be dragged there without having been sent; simple e-mail text
can be altered; and a computer can be set to read any time desirable by
operators.]
Solution: RPost® Registered
E-mail® service is the only simple, cost-effective way to provide e-mailers
the same verifiable protections associated with hard-copy documents. The
RPost Registered E-mail core service provides the sender with verifiable
proof of: sending and receiving; content (including attachments); and the
atomic clock time stamps. The Registered Receipt™ e-mail (that is returned
to the sender) is the strength of the service in that it provides a digital
recording / snapshot of the server-to-server conversation that witnessed the
e-mail transaction and the same receipt is then used to regenerate the
original e-mail and attachments should anyone challenge the original
transaction after-the-fact. Therefore, the inherent records management
aspect of the RPost Registered Receipt allows a company to archive important
e-mail transactions without having an elaborate document retention system in
place.
Simplicity: Employees can be instructed easily on the use of
Registered E-mail® service – “if the e-mail commits the company to anything
at all, send it Registered.” Understand that having a “store everything”
e-mail policy is not practical, as important electronic documents are not
segregated from casual e-mail and employees are less conscious of protecting
the company. Also, traditional archive systems record only what was sent
and fall short of protecting the sender whose e-mail receipt and / or
content and relevant times may be challenged by the recipient. An archive
system that can retrieve a simple text copy of an e-mail that was sent,
falls prey to the recipient’s likely accusation of non-receipt or challenge
of what the e-mail actually said and when in fact it was received.
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