Timing Is Everything

Best's ReviewVol. 109 Nbr. 3, July 2008

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Summary


Years ago, all business processes were essentially based on first-person testimony. In today's world, that isn't necessarily true anymore. For instance, a document being exchanged may be a collection of digital bits that exists only in a computer's data storage system. Both the source of the data being introduced, and the believability of the data, have become extremely important. With the recent rulings from the courts on e-discovery -- compounded by the proliferation of mobile technologies into commercial operations -- these changes mandate a new vision and methods for managing digital content as evidence. Being prepared for e-discovery is a new high-level requirement of risk modeling. This assures the underwriter that there is compliance with the policy's choice of law statement. The courts have a legitimate need to protect themselves from being drowned in digital content.

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Extract


Timing Is Everything

Years ago, all business processes were essentially based on first-person testimony. Someone took a paper which said something to another party, and that paper was granted legal status.

In today's world, that isn't necessarily true anymore. For instance, a document being exchanged may be a collection of digital bits that exists only in a computer's data storage system. But if needed, digital content can be introduced as evidence in legal proceedings, just as paper has been for hundreds of years.

Both t...

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